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Mining Act

LAWS OF FIJI


Ed. 1978]


CHAPTER 146


MINING


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ARRANGEMENT OF SECTIONS
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PART I-GENERAL


SECTION


1. Short title.
2. Interpretation.
3. Reservation to the Crown of minerals.
4. Power to prohibit prospecting for specified minerals and to grant exclusive rights.
5. Director may declare Government protection areas and grant mining tenements thereover.
6. Disputes.
7. Appointment of officers.
8. Powers of inspectors.
9. Right of entry and inspection.
10. Constitution and appointment of Mining Appeals Board.
11. Lands closed to prospecting, etc.
12. Adjacent land in certain cases to be closed to application.
13. Compliance with Companies Act.
14. Power of attorney, etc.
15. Partnership and company to appoint accredited agent.
16. Deposits.


PART II-PROSPECTING AND MINING


17. Applicant or transferee to prove to Director that he has necessary means to prospect or mine.
18. Director may grant prospector's right and mining tenement.
19. Government officers prohibited from acquiring rights.
20. Implied covenants in all mining tenements.
21. Surrender of mining tenements.
22. Surveys.
23. Grant of prospector's right.
24. Rights and obligations under prospector's right.
25. Ancillary rights and restrictions under a prospector's right.
26. Grant of prospecting licences.
27. Rights under a prospecting licence.
28. Disposal of minerals obtained in prospecting.
29. Grant of permit to mine or mining lease cancels prospecting licence.
30. Special prospecting licence.
31. Grant of permit to mine.
32. Grant of mining lease.
33. Application for permit to mine and mining lease.
34. Rights under a permit to mine and mining lease.

35. Provisions applicable when precious metals or stones are found on land held under permit to mine or mining lease for other minerals.
36. Provisions applicable when person desires to mine other minerals.
37. Special mining lease.
38. Grant of special site right.
39. Road access licences.


PART III-DAMAGE AND COMPENSATION


40. Compensation payable for damage to surface of land and improvements thereon.
41. Surface rent payable for disturbance of surface rights.
42. Director may suspend and cancel tenement.
43. Restoration of land.


PART IV-REGISTRATION, APPROVAL AND STAMPING OF DOCUMENTS


44. Registration of prospector's rights, prospecting licences and permits to mine.

45. Mining leases, special site rights and road access licences to be registered by Registrar of Titles.
46. Director's consent required to deal in tenement.
47. Agreements relating to mining tenements to be disclosed.
48. Transmission of tenement on death, bankruptcy or unsoundness of mind.


PART V-MISCELLANEOUS


49. Indemnification of Board, Director and inspector.
50. Government not liable for rent, etc., unpaid and irrecoverable by the Director.
51. Livestock not to be impounded.
52. Proof of documents.
53. Director may issue certified copies and duplicates of documents.
54. Royalties.
55. Recovery of rents, etc.
56. Disputes.


PART VI-PENALTIES


57. Unlawful prospecting and mining.
58. Penalty for failure to notify owner.
59. Assault on authorised person, etc.
60. Fraud by applicant for mining tenement.
61. Salting or fraudulent deposit of metal and fraudulent sampling.
62. Attempts to injure underground mines.
63. Penalty for obstructing holder of prospector's right or mining tenement.
64. Penalty for Penalty for injuring boundary marks.
65. Cancellation of prospector's right or mining tenement.
66. Penalty for mining minerals other than those specified in permit to mine or mining lease.
67. General penalty.


PART VII-REGULATIONS


68. Regulations.


------------------------------------------------


CHAPTER 146


MINING


Ordinances Nos. 25 of 1965, 7 of 1966, 37 of 1966,
Order 7th October, 1970, Act No. 14 of 1975, 13 of 1977


AN ACT TO REPEAL THE MINING ORDINANCE AND TO MAKE BETTER PROVISIONS RELATING TO PROSPECTING FOR AND MINING PRECIOUS METALS AND OTHER MINERALS


[16th December, 1966]


PART I-GENERAL


Short title


1. This Act may be cited as the Mining Act.


Interpretation


2. In this Act, unless the context otherwise requires -


"agent" means a person appointed, in writing, to act on behalf of the holder of any mining tenement or having the care or direction of any mi tenement or part thereof;


"alienated land" means land which is the subject of a Crown grant or native grant or certificate of title or any land the subject of a registered lease;


"alluvial" means all mineral deposits which result from the disintegration of older deposits, whose constituents have been brought to their present position by physical agencies;


"authorised officer" means any person authorised, in writing, by Director to perform any of the duties or exercise any of the powers conferred or imposed by the provisions of this Act;


"Board" means the Mining Appeals Board as constituted under the provisions of section 10;


"certified copy" means a copy certified as true by any magistrate, commissioner for oaths, barrister and solicitor, justice of the peace, police officer or any officer appointed under the provisions of this Act;


"Crown land" has the same meaning as in the Crown Lands Act;

(Cap. 132.)


"dealing" means any transaction of whatsoever nature by which an interest in a mining tenement is affected and includes any option when exercised;


"Director" means the Director of Mines appointed under the provisions of this Act;


"Government means the Government of Fiji and for the purposes of avoiding doubt, the Minister by notice, may include or exclude any person from this definition;


"holder" means, in the case of a prospector's right, the person to whom such right was granted and, in the case of a mining tenement, includes a person in whom such mining tenement or part of the rights thereunder has become lawfully vested by transfer, assignment, transmission or otherwise;


"improved land" means the site or curtilage of any building or any garden, lawn, yard, nursery for trees, orchard, plantation, cultivated field (not being pasture land), sports ground, recreation ground, rifle range, reservoir, natural or artificial storage or accumulation of water, or any spring, dam, bore, artesian well, cemetery, burial place or place of worship, or any land on which a railway, tramway, roadway, aerodrome, bridge or culvert is constructed, or any land used for stacking or storing or depositing material or mining requisites;


"improvements" means any house, store, stable, hut or other building or any fence, well, dam, tank, reservoir, trough, pump or other apparatus for raising water or any garden, plantation, cultivation, drain, road, railway, tramway, aerodrome, bridge or culvert;


"inspector" means an inspector of mines appointed under the provisions of this Act and includes any person authorised in writing by the Director to carry out the duties of such inspector;


"land" includes water and land covered by water;


"livestock" means any cattle, horses, donkeys, sheep, goats, pigs and all other domestic animals and their young;


"machinery" means all mechanical appliances of whatsoever kind, except motor vehicles, used for any mining purpose;


"mine" means any place, excavation or working wherein or whereby an operation for or in connection with any mining purpose is or shall be carried on;


"minerals" includes the following minerals:


(a) "precious metals" which shall include gold, silver, platinum, palladium, iridium, osmium, or ores containing them, and all other substances of a similar nature;


(b) "precious stones" which shall include amber, amethyst, beryl, cat's-eye, chrysolite, diamond, emerald, garnet, opal, ruby, sapphire, turquoise, and all other stones of a similar nature;


(c) "earthy minerals" which shall include asbestos, ball-clay, barytes, bauxite, bentonite, china-clay, fuller's earth, graphite, gypsum, marble, mica, nitrates, phosphates, pipeclay, potash, salt, slate, soda, sulphur, talc and all other substances of a similar nature;


(d) "radioactive minerals" which shall include minerals either raw or treated (including residues and tailings) which contain by weight at least 0.05 per cent of uranium or thorium or any combination thereof, including but not limited to:


(i) monazite sand and other ores containing thorium; and


(ii) carnotite, pitch blende and other ores containing uranium;


(e) "coal" which shall include coal in all its varieties land all other substances of a similar nature;


(f) "metalliferous minerals" which shall include aluminium, antimony, arsenic, bismuth, cadmium, chromium, cobalt, copper, iron, lead, manganese, mercury, molybdenum, nickel, tin, tungsten, vanadium, zinc, and all ores containing them, and all other minerals and mineral substances of whatsoever description but excluding only the minerals and mineral substances included in paragraphs (a), (b), (c), (d) and (e),


but shall not include clay, gravel, sand, stone or other common mineral substances, and for the purpose of avoiding doubt the Minister may from time to time by notice in the Gazette declare any mineral substance to be included in or excluded from this definition;


"mining tenement" means any lease, licence, right, permit, title, easement or privilege, other than a prospector's right, relating to prospecting and mining, lawfully granted or acquired under the provisions of this Act or any former Mining Ordinance, and includes the specific parcel of land the subject of such lease, licence, right, permit, title, easement or privilege;


"native land" means land which is neither Crown land, nor the subject of a Crown or native grant;


"occupier" means the person in actual occupation of any land, or, if there is no person in actual occupation, the person entitled to possession thereof;


"owner" means the registered proprietor of land and includes a lessee; in relation to native land it means the Native Land Trust Board acting on behalf of the registered native owners, and in relation to Crown land it means the Director of Lands;


"passageway" means and highway, road, street, footpath, railway, tramway, wireline, cableway, chute, pipe, sewer, drain, tunnel, shaft or race and includes any right-of-way or easement;


"prescribed" means prescribed by or under the provisions of this Act, or, where the context specifies or implies, by any lease, licence, right or permit granted under the provisions of this Act;


"prospect" means to search for minerals and includes such working as may be prescribed to enable the prospector to test and assess the mineral bearing qualities of any land;


"race" means any artificial channel or ditch or flume or pipe for the conveyance of water or water and refuse;


"Regulations" means the Regulations and forms for the time being in force under the provisions of this Act;


"rent" unless otherwise specified means sub-surface rent;


"shaft" means any vertical or inclined tunnel other than a stope which is or might be used for winding, travelling, draining, or ventilation purposes in connexion with prospecting or mining operations;


"tailings" means all gravel, sand, slime or other substance which is the residue of bona fide mining operations;


"to mine" means to disturb, remove, cart, carry, wash, sift, smelt, refine, crush or otherwise deal with any rock or earth by any mode or method whatsoever for the purpose of obtaining any mineral therefrom;


"unimproved land" means any land other than improved land.


Reservation to the Crown of minerals


3.-(1) All minerals of every description, including crude oil as defined in the Petroleum (Exploration and Exploitation) Act, in or under all lands of whatsoever ownership or tenure and in whosesoever possession or enjoyment they may be, are, and shall be deemed always to have been, the property of the Crown and shall be deemed not to have been parted with under any alienation, dedication, lease, licence or permit of such lands save in so far as such rights may in any case have been limited by any express grant made before the commencement of this Act.
(Cap. 148)


(2) Subject to the provisions of Part III, the Crown, either alone or in conjunction with any other person, shall have full liberty at all times to search, dig for and carry away all such minerals of every description and for that purpose to enter upon all lands throughout Fiji.


(3) The rights conferred upon the Crown under the provisions of subsection (2) may only be exercised by the Director, an inspector or any authorised officer.


Power to prohibit prospecting for specified minerals and to grant exclusive rights


4. The Minister may by order prohibit or restrict prospecting for any specified mineral throughout the whole or any specified part of Fiji, and, by the same or by a subsequent order, grant the exclusive right to prospect for any mineral so specified to such person as may be named in the order and the provisions of this Act relating to prospector's rights shall apply to an exclusive right to prospect granted under the provisions of this section.


Director may declare Government protection areas and grant mining tenements thereover


5.-(1) Notwithstanding any provision of this Act, the Director may, by notice in the Gazette, declare any area, not exceeding 250ha in extent in any instance, to be a Government protection area, and may in like manner cancel the declaration of any such Government protection area.

(Amended by 37 of 1966, s. 106.)


(2) No person shall prospect or mine in a Government protection area without the consent of the Director:


Provided that this subsection shall not apply to the holder of any mining tenement in respect of any land the subject of such tenement included in any Government protection area.


(3) Subject to the approval of the Minister, the Director may call for tenders for the right to prospect or mine in any such area, and may grant a mining tenement to any person on such terms and conditions, whether in accordance with the provisions of this Act or not, as the Minister may think fit, but, save as varied by any such terms and conditions, the provisions of this Act shall be applicable to any such mining tenement.


Disputes


6. At the request in writing of all parties thereto the Director may decide any dispute, other than a dispute which he is expressly empowered to decide under any other provisions of this Act, between persons engaged in prospecting or mining operations either amongst themselves or in relation to themselves and third parties, concerning any rights arising under the provisions of this Act relating to any of the following matters:-


(a) disputed boundaries;


(b) acts, omissions or matters in the course of, connected with, or auxiliary to prospecting or mining operations:


Provided that the Director may, in his discretion, refuse to decide any such dispute.


Appointment of officers


7. The Public Service Commission may appoint a Director of Mines and such inspectors of mines and other officers as may be necessary for carrying into effect the provisions of this Act.


Powers of inspectors


8.-(1) An inspector may -


(a) arrest without warrant any person whom he may find committing, or whom he reasonably suspects of having committed, any offence against the provisions of this Act. The person arrested shall be taken with as little delay as possible to the nearest police station to be dealt with according to law;


(b) by notice in writing, require any holder of a prospector's right or mining tenement or any person employed by such holder of a mining tenement, to appear before him at any reasonable time and place and give such information regarding operations in or about the area being prospected or mined as such person may possess, who shall be legally bound to comply with such notice and to give such information;


(c) by order in writing direct that prospecting or mining operations shall be suspended in any area, whether the subject of a mining tenement or not, until such arrangements, as are in his opinion necessary to prevent danger to life or property, have been made.


(2) Any person who contravenes or fails to comply with any notice or order made under the provisions of paragraphs (b) or (c) of subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding six months.


Right of entry and inspection


9.-(1) In so far as it is necessary for the purpose of his duties under the provisions of this Act, the Director, an inspector or any authorised officer may, at all reasonable times by day or night, but so as not unreasonably to impede or obstruct the work in progress-


(a) enter, inspect and examine any land for the purpose of assessing its mineral potential or any land on which prospecting or mining operations are being conducted or which is the subject of any mining tenement:


Provided that no person shall enter any land within the curtilage of a dwelling-house without first informing the occupier of his intention to do so;


(b) examine and make inquiry respecting the condition and ventilation of any mine and any building connected with prospecting or mining operations and all matters relating to the safety, welfare and health of the persons employed therein;


(c) inspect and examine the state of the external parts of the machinery used upon or in the mine, and the state of all plant, works and passageways;


(d) examine and take extracts from all books, accounts, vouchers and documents relating to prospecting or mining operations or to any minerals obtained by such operations; and


(e) examine and take samples of any material being prospected or mined.


(2) Any officer of the Mineral Resources Division of the Government may exercise all or any of the powers conferred upon the Director by the provisions of paragraph (a) of subsection (1).


Constitution and appointment of Mining Appeals Board


10.-(1) There shall be constituted an Appeals Board called the "Mining Appeals Board" which shall consist of a chairman and three other members to be appointed by the Minister. One member shall be a barrister and solicitor. Three members shall form a quorum.


(2) The chairman shall have an original vote and, in the event of equality of votes, shall have a casting vote. In the absence of the chairman from a meeting the members present shall elect one of their number to be chairman.


(3) Any person aggrieved by any decision of the Director made under the provisions of this Act, may, within thirty days of the date of the receipt of such decision, or such longer period as the Board may in any case allow, appeal from such decision to the Board. Every such appeal shall be in writing and shall state the grounds thereof.


(4) The Board shall have power to summon and examine witnesses on oath and affirmation and to require the production of all documents relevant to an appeal, but shall not be bound by the rules of evidence in civil or criminal proceedings:


Provided that if any witness objects to answering any question or to producing any document on the ground that it will tend to incriminate him or on any other lawful ground, he shall not be required to answer such question or to produce such document, nor shall he be liable to any penalties for refusing to do so.


(5) Any person summoned as a witness under the provisions of subsection (4) who fails to attend at the time and place mentioned in the summons, or on adjournment, or without lawful excuse refuses to answer any question put to him or to produce any document which he is required to produce shall be guilty of an offence and shall be liable to a fine not exceeding twenty dollars.


(6) The Board may make rules as to the procedure for appeals under the provisions of this Act.


(7) Any person, including the Director, aggrieved by a decision of the Board, may, within thirty days of the date of the receipt of such decision, or such longer period as the Court may in any case allow, appeal from such decision to the Supreme Court which on the determination of any such appeal may make such order as to it seems just. The decision of the Supreme Court shall be final.


Lands closed to prospecting, etc.


11.-(1) Save as may be otherwise provided by the provisions of this Act, the following classes of land shall be closed to prospecting or mining or entry upon or occupation under any prospector's right or mining tenement:


(a) any Fijian village;


(b) any land used as a place of burial or set apart for any public purpose;


(c) any land within 30 m of an inhabited house or building, except with the consent in writing of the owner or occupier thereof;


(d) any land under crop and land ploughed or otherwise cultivated and rendered fit for planting and habitually used for the planting of crops, except with the consent in writing of the owner or occupier thereof;


(e) any land within the boundaries of any city or town except with the consent of the owner of surface rights;


(f) any land reserved for the purpose of any railway or public road or within 15 m of any such railway or road, except with the consent of the owner thereof, or, as the case may be, the Permanent Secretary for Works;


(g) any land within 60 m of any spring in use as a source of water supply or any area declared as a catchment area for water supply purposes or any artificial reservoir, water-works or water supply buildings, except with the consent of the Commissioner of Water Supply;


(h) any reserved forest, declared as such under the provisions of the Forest Act, except with the consent of the Conservator of Forests;

(Cap. 150.)


(i) any land which the Minister may, by order, close to prospecting or mining or entry upon or occupation under any prospector's right or mining tenement.

(Amended by Order 7th October, 1970 and 14 of 1975, s. 34.)


(2) Should any question arise as to whether any particular land is close under the provisions of subsection (1), it shall be referred to the Minister whose decision shall be final.


(3) In any area so closed, the Director may, subject to the approval of the Minister, grant a mining tenement to any person on such terms and conditions, including conditions relating to immediate and prospective damage and compensation therefor, whether in accordance with the provisions of this Act or not, as the Minister may think fit, but, save as varied by any such terns and conditions, the provisions of this Act shall be applicable to any such mining tenement.


(4) Where consent is refused under the provisions of paragraphs (c), (d), (e), (f), (g) or (h) of subsection (1), an appeal shall lie to the Board in the same as an appeal lies to the Board from any decision of the Director but the decision of the Board shall be final. If the Board gives consent it may impose such conditions as to prospecting or mining as it thinks fit whether in accordance with the provisions of this Act or not.


Adjacent land in certain cases to be closed to application


12. At any time after the presentation of an application for a prospecting licence the Director may, by notice in the Gazette, declare that such adjacent land as may be specified in such notice shall be closed to marking out for the purpose of applying for a prospecting licence for such period as he may decide.


Compliance with Companies Act


13.-(1) No mining tenement shall be granted to any company incorporated outside Fiji unless such company has first complied with the provisions of Part XII of the Companies Act.
(Cap. 247.)


(2) Any mining tenement granted to any incorporated company may be cancelled by the Director if such company fails to comply with any of the provisions of the Companies Act which may be applicable to such company.
(Cap. 247.)


Power of attorney etc.


14.-(1) On payment of the prescribed fee, the holder of any mining tenement may authorise and appoint by power of attorney any person to act for him or on behalf in respect of any share or interest in such tenement, and a certified copy of such power of attorney shall be filed with the Director.


(2) If the holder of a mining tenement does not reside on his tenement or, in the opinion of the Director, does not reside sufficiently near thereto to give continuous supervision of the prospecting or mining operations being conducted on such tenement he shall, at all times, have so residing a responsible person in charge of such operations and shall forthwith notify the Director of the appointment of every such person and of every change in such appointment.


Partnership and company to appoint accredited agent


15.-(1) Every partnership or company which applies for a mining tenement shall at the time of such application register at the office of the Director the name of an accredited agent residing in Fiji, and such agent shall, when registered be personally responsible under the provisions of this Act for all matters, acts and omissions in connexion with such tenement in the same manner as if such tenement were granted in his name as his own property.


(2) If at any time any such partnership or company revokes the registration of its accredited agent, it shall register some other person as its accredited agent.


(3) A registered accredited agent may at any time resign his appointment by giving notice in writing to the Director, but such resignation shall not take effect until the expiration of forty-eight hours after the receipt of such notice by the Director.


(4) Within forty-eight hours after receipt of notice from the Director of the fact that its registered accredited agent has resigned, the partnership or company in question shall register some other person as its accredited agent.


(5) Nothing in this section shall be deemed to relieve a company or the members of a partnership of any obligations imposed under the provisions of this Act in regard to any mining tenement held by such company or partnership.


Deposits


16.-(1) As a guarantee for the due performance of any obligation imposed by the provisions of this Act, the Director may require any person, either on first making application for a mining tenement or at any time during the currency thereof, to deposit with him such sum as he may specify, or such guarantee in a like amount as may be approved by him, and if such person fails to make such deposit within thirty days or such further time as the Director may specify, the application may be refused or the mining tenement suspended or cancelled:


Provided that on the application of the owner or occupier of any land being prospected, the Director may require-


(a) a deposit or an increased deposit from the holder of a prospector's right; or


(b) an increased deposit from the holder of a mining tenement.


(2) Where, after due notice, a person has failed to meet any imposed upon him by the provisions of this Act, the Director may take such steps he shall deem practicable to fulfil such obligation and, for such purposes, may expend from any deposit whatsoever made by that person such sum as he shall consider reasonable. Any expense incurred by the Director in so doing shall be a lawful deduction from such deposit.


(3) Where any deposit or portion thereof has been expended in accordance with the provisions of subsection (2), the Director may by notice in writing require the depositor to deposit, within such time as the Director may specify in such notice, a further sum equal to the amount so expended. Failure to do so within the time so specified shall render any prospector's right or mining tenement held by the depositor liable to suspension or cancellation.


(4) Upon the cancellation of any prospector's right or mining tenement in respect of which any sum has been deposited with the Director, the person by whom such sum was deposited or in whom the right of refund has been vested transfer, may make application in writing to the Director for the refund of such deposit or balance thereof and the Director may authorise such refund to be made:


Provided that -


(a) the Director shall withhold such refund for such time as he may so that he may make any investigations he considers desirable into the obligations of the person entitled to such refund; and


(b) such refund shall be without prejudice to any claim or proceedings existing or which may arise through the breach by the holder or by his servants or agents of any of the provisions of this Act.


(5) Upon the transfer of any mining tenement the right to a refund of any sum deposited under the provisions of this section shall be vested in the transferee.


PART II-PROSPECTING AND MINING


Applicant or transferee to prove to Director that he has necessary means to prospect or mine


17. The Director may call upon any applicant for a mining tenement, or any proposed transferee thereof, to prove in such manner as he may direct and to his satisfaction, that the applicant or proposed transferee has the working capital necessary to prospect or mine the area in question and for the payment of compensation which may be payable to the owners or occupiers of the land in respect of which the tenement is required, and is in a position to carry on bona fide and efficient prospecting or mining.


Director may grant prospector's right and mining tenement


18.-(1) Subject to the provisions of this Act and to any general or special directions of the Minister, the Director may grant -


(a) prospector's rights;


(b) prospecting licences;


(c) special prospecting licences;


(d) permits to mine;


(e) mining leases;


(f) special mining leases;


(g) special site rights;


(h) road access licences.


(2) The Director shall keep a presentation book in which shall be entered the particulars of every application for a mining tenement which is presented to him with the date and time of presentation.


(3) Every applicant for a mining tenement shall, in the form prescribed, advertise such application in the Gazette and in one newspaper circulating in Fiji. The owner or occupier of any land affected by the application, or any other applicant for a mining tenement in respect of the whole or any part of such land, may, within thirty days of the date of publication of the later of such advertisements, object to the grant of such tenement. Every objection made under the provisions of this subsection shall be made by notice in writing to the Director and the notice shall set out the grounds for such objection. Before granting the tenement the Director shall consider every such objection.


(4) Any sum of money deposited for rent or fees shall be forfeited if an application for a mining tenement is not proceeded with within a period of sixty days from the date on which the approval of the grant is notified by the Director to the applicant, or in the event of an appeal against such approval, within sixty days after the final determination of such appeal, whichever is the later date:


Provided that if the application is withdrawn within the period aforementioned, refund of the said sum shall be made less an amount to cover any costs incurred by the Director in dealing with the application.


Government officers prohibited from acquiring rights


19. No public officer shall directly or indirectly acquire or hold any right or interest under any prospector's right or mining tenement, and any lease, licence, right, permit or other document or dealing purporting to confer any such right or interest on any such officer shall be null and void:


Provided that, with the permission of the Permanent Secretary responsible for civil service matters, a person temporarily employed by the Government may retain any such right or interest acquired prior to accepting Government employment.


Implied covenants in all mining tenements


20.-(1) In every mining tenement, unless a contrary intention appears therein, there shall be implied the following covenants against the holder, his executors, administrators, successors or assigns:


(a) that he will pay rent or fees in advance without demand at the time prescribed; and


(b) that he will use the land continuously and bona fide for the purposes for which the mining tenement was granted and in accordance with the provisions of this Act.


(2) Every mining tenement shall refer to a specific parcel of land which shall be deemed to be bounded by vertical planes from the surface boundary lines drawn downwards to an unlimited depth from the surface.


(3) The holder of a mining tenement shall not be entitled to take or use any water artificially conserved by the owner or occupier of any land without the consent of such owner or occupier.


(4) On any land the subject of a mining tenement, the holder of such tenement may, for the more convenient occupation and use of such land -


(a) cut take and use without payment therefore any tree not be in tree or a tree of the sandalwood species or Yasidina (Santalum yasi) or a tree included in class 1, 2 or 3 in the First Schedule to Regulations; and


(b) remove any undergrowth growing thereon; but


(c) shall not fell any planted tree or the sandalwood species or (Santalum yasi) or any tree included in any of the aforesaid without the consent of the owner or occupier of such land:


Provided that in the event of such owner or occupier refusing to consent to the felling of any such tree, the holder of such may make representations to the Director, who shall decide the issue.

(Section amended by 13 of 1977, s. 11.)


Surrender of mining tenements


21. Any mining tenement may, upon payment of the prescribed fee the consent of the Director, be surrendered at any time:


Provided that-


(a) at the time of such surrender all terms, covenants and conditions on the part of the holder to be observed or performed have been duly observed and performed;


(b) such surrender shall not affect any liability incurred by the holder before such surrender shall have taken effect; and


(c) no fees or rent shall be refunded.


Surveys


22.-(1) Every mining lease and special mining lease, and every road access licence and special site right held in connexion with a mining lease or special lease, shall be surveyed in accordance with the provisions of the Surveyors Act, subject to such modifications as may be required under the provisions of this Act.

(Cap 260.)


(2) Every applicant for any such mining tenement shall, in addition to any other deposit required under the provisions of this Act, deposit with his application the sum of forty dollars in respect of the survey fee, and if such application is refused before survey is made the amount so deposited shall be returned to the applicant.


(3) If the application for such a mining tenement is approved, the applicant shall be notified of the estimated amount of the survey fee, and if such fee is in excess of the amount specified in subsection (2), he shall be required to deposit the amount of such excess with the Director within thirty days of being so notified:


Provided that upon completion of survey and the receipt of plans in due order the Director shall determine the exact amount payable by the applicant and shall cause any corresponding adjustment to be made in the amount previously deposited by the applicant in respect of the survey fee.


(4) The Director may require a survey of any other mining tenement to be made in accordance with the provisions of this section and for such purpose may require the holder of, or applicant for, such tenement to deposit with him the estimated amount of the survey fee.


Grant of prospector's right


23.-(1) The Director or an authorised officer may grant to any person a prospector's right on application being made in the prescribed form in writing upon the payment of the prescribed fee:


Provided that a prospector's right shall not be granted -


(a) to any person who is under twenty-one years of age;


(b) to any person who is unable to prove to the satisfaction of the officer issuing the right that he can understand the provisions of this Act to such extent as to enable him to carry out the obligations imposed by it;


(c) to any person to whom there has previously been issued a prospector's right which has not been surrendered or cancelled and which is in all other respects still valid;


(d) except with the consent of the Minister, to any person who has been convicted of an offence under the provisions of this Act or any other Act made in connection with mining, explosives or the employment of labour or of an offence involving dishonesty or fraud, since he was last issued with a prospector's right.


(2) A prospector's right shall not be granted in the name of a company partnership but may be granted to an individual as agent of a company or partnership and in such case application shall be made by the individual in person who must either-


(a) be the lawfully constituted attorney of the company or partnership;


(b) produce a document in writing signed by a director or responsible manager or partner or agent of the company or partnership, containing an undertaking by the company or partnership to be responsible for the acts and omissions of the individual, who shall also be responsible for his own acts and omissions.


(3) A prospector's right shall not be transferable and shall be in force for a period of one year from the date of grant.


(4) A prospector's right shall be produced whenever demanded by inspector, authorised officer or police officer or by the owner or occupier of any land on which the holder thereof is prospecting.


Rights and obligations under prospector's right


24. (1) Subject to the provisions of this Act and to any law relating to drainage, land conservation and the control of natural water supplies, the holder of a prospector's right may -


(a) enter any land open to prospecting having first given notice in writing to the owner or occupier of his intention to do so, such notice to include the name and address of the prospector and the number of prospector's right:


Provided that he shall not enter on-


(i) unalienated native land unless he shall have sent copies of such notice to the Native Land Trust Board and to Commissioner for the Division in which such land is situated, and has complied with all reasonable directions given by such Commissioner for the maintenance of amicable relations between such prospector and the native owners;


(ii) land the subject of a prospecting licence or special prospecting licence except with the consent in writing of the holder prospecting licence or special prospecting licence;


(iii) land the subject of a permit to mine, mining lease or special mining lease, for precious metals or precious stones;


(iv) land the subject of a permit to mine, mining lease or special mining lease, for minerals other than precious metals or precious stones except with the consent in writing of the holder thereof and then only for the purpose of prospecting for minerals other than those specified in the permit to mine, mining lease or special mining lease:


Notwithstanding anything contained in this proviso the Director may, if in his opinion any consent required by sub-paragraphs (ii) or (iv) is being unreasonably withheld, waive the requirement for consent therein contained subject to such conditions as he may see fit to impose and any such waiver shall be a decision of the Director;


(b) prospect for all minerals except minerals for which prospecting is forbidden or restricted under the provisions of section 4;


(c) remove any undergrowth and cut, take and use for prospecting purposes without payment therefor, any tree not being a planted tree or a tree of the sandalwood species or Yasidina (Santalum yasi) or a tree included in class 1, 2 or 3 in the First Schedule to the Forest Regulations:


Provided that the Director may impose restrictions on or regulate the clearing of trees or bush when such clearing shall appear to him likely to interfere with the course of any stream or to cause erosion;

(Amended by 13 of 1977, s. 11.)


(d) sink shafts and pits or dig holes and trenches but shall not remove over burden from ground which can reasonably be tested or sample by pits not exceeding four feet square or by bore holes:


Provided that-


(i) such excavations shall be fenced or secured, and on the prospector leaving the neighbourhood, filled up in such a manner as to prevent persons or livestock inadvertently entering therein; and


(ii) if any holder of a prospector's right neglects to comply with provisions of this paragraph, the Director shall have the right to cause such excavations to be filled up or to take such other protective measures as may be necessary and for so doing may charge such holder such sum as the Director considers reasonable, and such sum shall be a lawful deduction from any amount deposited by such holder with the Director under provisions of this Act. Such filling up by the Director and the payment of such sum by the holder shall not exempt the holder from his liability under the provisions of this Act or any other law for his failure to fill up such excavations;


(e) use so much water from a water-course as will enable him to test the mineral-bearing qualities of the land by washing, sluicing or other means:


Provided that where, in the opinion of an inspector, such use of water interferes with or is likely to interfere with any existing user of water, or to interrupt or adversely affect the quality and flow of any water, the holder shall cease such use, on being required to do so by the inspector, until he has made such arrangements as will satisfy the inspector;


(f) mark out and apply for a mining tenement.


(2) In the event of the owner or occupier of any land entered by any prospector under the provisions of subsection (1) making representations to the Director concerning the activity of such prospector on that land, the Director or an inspector may give such directions to the prospector as the Director or such inspector may give such directions to the prospector as the Director or such inspector considers necessary for the purpose of avoiding friction between such prospector and the owner or occupier of such land and the prospector shall -


(a) comply with such directions; and


(b) if so required by the Director or an inspector, desist from prospecting on such land until amicable relations are, in the opinion of the Director or an inspector, established between him and the owner or occupier of such land.


(3) Every notice given under the provisions of paragraph (a) of subsection (1) shall expire at the end of three months after it is given.


(4) The requirements of paragraph (a) of subsection (1) as to the giving of notice therein required to be given shall be sufficiently complied with by post such notice by registered post to the last known address of the owner or occupier of the land, or if such address is not known to the prospector and cannot ascertained by the exercise of reasonable diligence, by affixing such notice in a conspicuous position on such land in such manner that it can be easily seen by a person entering upon such land.


Ancillary rights and restrictions under a prospector's right


25.-(1) -Whilst engaged in bona fide prospecting the holder of a prospector's right may -


(a) on any unimproved land-


(i) erect a temporary camp and such temporary structures as may be necessary and enter into temporary occupation thereof :


Provided that if the owner or occupier of such land shall so require, the camp and structures shall be erected in such suitable place thereon as he may select;


(ii) take fuel, other than standing timber, for domestic use;


(b) take water for his domestic use from any spring, water hole, lake, river or stream:


Provided that he shall not be entitled to take or use any water artificially conserved by the owner or occupier of any land without the consent of such owner or occupier.


(2) A prospector shall not burn any grass, bush, forest, undergrowth or other standing vegetation or cause or permit the same to be burned, except at such times and in accordance with such conditions as may, from time to time, be specified by the Director by notice in the Gazette and in one newspaper circulating in Fiji.


(3) The holder of a prospector's right shall pay compensation to the persons entitled thereto for all damage done to the surface of any land or to an improvements thereon, in exercise of the liberties and powers conferred by such right, and such compensation shall become payable at the time when such damage occurs.


Grant of prospecting licences


26.-(1) Subject to the provisions of this Act and to any terms and conditions not inconsistent therewith that he may think fit, the Director may grant a prospecting licence over an area, not exceeding 400 ha to prospect for such minerals as are specified in the licence, to any person who, being the holder of a prospector's right, has, either personally or by an agent who is the prospector's right, given notice as required under the provisions of paragraph (a) subsection (1) of section 24 and, before the expiry of such notice, marked out in the prescribed manner the area over which the licence is applied for:


Provided that the total area the subject of all prospecting licences held, directly or indirectly, by any one person shall not exceed 1,200 ha.


(2) Every application for a prospecting licence shall be made in the prescribed form and shall be accompanied by the prescribed fees.


(3) (a) Before granting any prospecting licence the Director may require the applicant to deposit a bond with or without sureties in the sum of one hundred dollars or such greater sum as the Director may think fit.


(b) The bond shall be given to the Director by the applicant or by some other person approved by the Director and shall be conditioned upon the due execution and observance of all the covenants, terms and conditions of the licence when granted.


(c) The sum mentioned in the bond given under the provisions of this subsection shall not be a penalty but shall be liquidated damages and recoverable in full unless the person giving the bond proves performance of every condition upon which the bond is defeasible.


(4) On the application of the holder the Director may add to or vary the minerals specified in any prospecting licence.


(5) A prospecting licence may be granted for such period as may be prescribed and may be extended for such periods as the Director may determine.

(Amended by 7 of 1966, s. 41.)


Rights under a prospecting licence


27.-(1) Subject to the provisions of this Act, the holder of a prospecting licence shall have the exclusive right to prospect for the mineral or minerals specified in his licence on the land the subject of his licence, and for such purposes may -


(a) enter upon such land with his servants and agents and thereon exercise all or any of the rights conferred upon the holder of a prospector's right by the provisions of this Act;


(b) on and over any unimproved land the subject of his licence, erect and maintain such machinery and plant and construct such passageways, as may be necessary.


(2) The holder of a prospecting licence who shall have fulfilled all conditions attached thereto may, upon payment of the prescribed fees -


(a) apply for extension of such licence at any time before such licence expires or within seven days thereafter;

(Amended by 7 of 1966, s. 41.)


(b) mark out any reduced area or areas within the land the subject of such licence if applying for an extension of such licence in respect of such reduced area or areas only;

(Amended by 7 of 1966, s. 41.)


(c) mark out and apply for the grant of any other mining tenement or tenements over the whole or any part of the land the subject of his licence.


Disposal of minerals obtained in prospecting


28. All minerals obtained in the course of prospecting under a prospector's right or prospecting licence shall be the property of the Crown and shall not be removed from the vicinity whence they were obtained nor disposed of by the holder of the right or licence without the consent in writing of the Director, except in so far as may be necessary for the purpose of sampling and assay.


Grant of permit to mine or mining lease cancels prospecting licence


29. A prospecting licence shall be cancelled automatically by the grant to the holder of such prospecting licence of a permit to mine, mining lease or special mining lease over the whole or any part of the land the subject of that prospecting licence:


Provided that if within fourteen days after the grant of such permit or lease, as the case may be, the holder of the licence applies for a new prospecting licence in respect of the whole or any part of the land the subject of the licence so cancelled but not the subject of such permit or lease, his application for such new prospecting licence shall be given priority over all other applications in respect of the same land or any part thereof.


Special prospecting licence


30.-(1) Notwithstanding the provisions of section 26, the Director may, subject to the approval of the Minister, grant special prospecting licences upon such terms and conditions, whether in accordance with the provisions of this Act or not, as the Minister may think fit, but, save as varied by any such terms and conditions, the provisions of this Act applicable to a prospecting licence shall be applicable to all such special prospecting licences:


Provided that, unless an applicant satisfies the Director that there are unusual circumstances which warrant it, a special prospecting licence shall not be granted in respect of any area which is less than 1,300 ha in extent.


(2) The application for a special prospecting licence shall be in the form prescribed for a prospecting licence.


Grant of permit to mine


31.-(1) Subject to the provisions of this Act and to any terms and conditions not inconsistent therewith that he may think fit, the Director may grant a permit to mine-


(a) to any person who, being the holder of a prospector's right, has, either personally or by an agent who is the holder of a prospector's right, given notice as required under the provisions of paragraph (a) of subsection (1) of section 24 and, before the expiry of such notice, marked out in the prescribed manner the area over which the permit to mine is applied for; or


(b) to the holder of a prospecting licence in respect of the whole or any part of the land the subject of that licence.


(2) A permit to mine shall be of such shape and size as may be prescribed and may be granted for a period of two years commencing from the date of the grant of the permit.


(3) A permit to mine may be extended for a period of one year in respect of each such extension.

(Amended by 7 of 1966, s. 41.)


(4) Whenever the Director shall be satisfied that the mineral bearing qualities of the land or any portion thereof the subject of a permit to mine are such as to justify the grant of a mining lease or mining leases over all or any part f such land, he may, by notice in writing served on the holder of such permit, cancel the permit to mine either in respect of the whole or any specified part of the land the subject of such permit, as from a date being not earlier than three months after the date of such notice. On making application therefor in the prescribed form and on payment of the prescribed fees, not later than one month before the expiry of such notice, the holder of such permit shall be entitled to the grant of a mining leas or mining leases over the whole or any part of the land specified in such notice a d until the grant of any lease or leases so applied for such permit to mine shall remain in full force and effect in respect of the land the subject of such application.


(5) The holder of a permit to mine cancelled under the pro subsection (4) shall have a preferential claim to a permit to mine in respect of any portion of the land the subject of the cancelled permit for which no application for mining lease or mining leases is made within six months from such cancellation.


Grant of mining lease


32.-(1) Subject to the provisions of this Act and to any terms and conditions not inconsistent therewith that he may think fit, the Director may grant a mining lease -


(a) to any person who, being the holder of a prospector's right, has, either personally or by an agent who is the holder of a prospector's right, given notice as required under the provisions of paragraph (a) of subsection (1) of section 24 and, before the expiry of such notice, marked out in the prescribed manner the area over which the lease applied for;


(b) to the holder of a prospecting licence in respect of the whole or any part of the land the subject of that licence; or


(c) to the holder of a permit to mine in respect of the whole or any part of the land the subject of that permit.


(2) A mining lease may be granted for such term being not less than five nor more than twenty-one years as the Director may think fit. The date of commencement of such term shall be the date of the grant of the lease or such other date as the Director may decide:


Provided that if a mining lease is granted to the holder of a permit to mine over the whole or any part of the land the subject of such permit, such lease shall commence from the date of the grant of such permit.


(3) If at the expiration of the term originally granted or of any extension thereof the holder of a mining lease shall -


(a) be conducting mining operations thereon in a normal and businesslike manner; and


(b) have given two months' notice in writing in that behalf,


then he shall, on payment of the prescribed fees, be entitled to obtain an extension thereof for a further term not exceeding twenty-one years upon the conditions which are then generally applicable to new mining leases:


Provided that he shall not be so entitled if the lease is liable to cancellation under any of the provisions of this Act.

(Amended by 7 of 1966, s. 41.)


(4) Subject to the provisions of section 21, a mining lease may be surrendered in the manner provided by section 62 of the Land Transfer Act.
(Cap. 131.)


Application for permit to mine and mining lease


33.-(1) Every application for a permit to mine or mining lease shall be m in the prescribed form and shall be accompanied by the prescribed fees, together with a deposit for the first half year's rent and such other deposits as may required under the provisions of sections 16 and 22.


(2) An applicant for a permit to mine or mining lease shall, until the application is refused or otherwise disposed of, be deemed to have sufficient title to the land the subject of the application and to the minerals therein contained support an action or prosecution for trespass.


Rights under permit to mine and mining lease


34.-(1) Subject to the provisions of this Act, the holder of a permit to mine or mining lease shall have the exclusive right to mine on or under the land the subject of his tenement for the mineral or minerals specified in his tenement and remove or dispose of any such mineral or minerals, and for such purposes may


(a) make all necessary excavations;


(b) erect, construct and maintain houses and buildings for the use c himself, his servants and agents;


(c) erect, construct and maintain such machinery and buildings, workshop, and other erections as may be necessary or convenient;


(d) stack or dump any products of mining;


(e) lay water pipes and make water races and ponds, dams and reservoirs and divert any water on or flowing through the land the subject of his tenement:


Provided that any water so diverted shall be returned to its natural channel before it leaves such land;


(f) construct and maintain all such passageways, communications and conveniences as may be necessary or convenient.


(2) Before commencing any mining operations or any new mining operation on or under any land the subject of any permit to mine or mining lease, every person entitled to mine on or under such land shall give to the owner or occupier of such land, notice, in such manner as may be prescribed, of his intention to commence such operations and of the nature of any such operations of which previous notice has not been given.


Provisions applicable when precious metals or stones are found on land held under permit to mine or mining lease for other minerals


35.-(1) Any person who finds any precious metals or precious stones on or under any land the subject of an existing mining tenement held by any other person may, unless such precious metals or precious stones are specified in the mining tenement held by such other person, apply for a prospecting licence, permit to mine or mining lease for the purpose of prospecting for or mining such precious metals or precious stones and, subject to the compliance by such person with the provisions of this Act relating to the grant of the mining tenement so applied for, the Director may grant such mining tenement to such person over the whole or any part of the land the subject of the existing mining tenement.


(2) The holder of any mining tenement granted pursuant to the provisions of subsection (1) shall not be entitled to exercise any of the rights conferred by such mining tenement so as to interfere with any workings in the actual u of the holder of any other mining tenement previously granted in respect of the same land and shall not prospect or mine on or under any land within 185m from any of the houses, buildings, machinery or workings or any of the crushing, smelting or other works used for the reduction or treatment of minerals of the holder of any such other tenement. In the event of any dispute as to whether any workings are in actual use or whether any works are used for the reduction of treatment of minerals, the Director may decide the dispute or refer the same to arbitration.


Provisions applicable when person desires to mine other minerals


36. On the application of the holder of any permit to mine or mining lease, the Director may alter or vary such permit to mine or mining lease so as to enable the holder thereof to mine for any mineral or minerals not specified in such permit or lease.


Special mining lease


37.-(1) Notwithstanding the provisions of section 32, the Director may, subject to the approval of the Minister, grant special mining leases upon such terms and conditions, whether in accordance with the provisions of this Act or not, as the Minister may think fit but save as varied by any such terms and conditions the provisions of this Act applicable to a mining lease shall be applicable to all special mining leases.


(2) The application for a special mining lease shall be in the form prescribed for a mining lease.


Grant of special site right


38.-(1) Subject to the provisions of this Act and to any terms and not inconsistent therewith that he may think fit, the Director may grant site right to the holder of a mining tenement who, being the holder of a prospector's right, has, either personally or by an agent who is the holder of a prospector's right, given notice as required under the provisions of paragraph (a) of subsection (1) of section 24 and, before the expiry of such notice, marked out in the prescribed manner the area over which the right is applied for.


(2) Every application for a special site right shall be in the prescribed form and shall be accompanied by the prescribed fees, together with a deposit of the first half year's rent and such deposits as may be required under the provisions of sections 16 and 22.


(3) Notwithstanding any arbitration which may be requested or proceeding, the grant of a special site right shall be sufficient authority for the holder to enter into occupation of the land the subject of such right for the purposes therein.


(4) Special site rights may be granted for such purposes, for such period such manner as may be prescribed, in respect of the following acts or things:-


(a) the construction and use of passageways other than roads;


(b) water-rights;


(c) erection of machinery;


(d) disposal of earth and tailings; and


(e) erection of furnaces:


Provided that:


(i) the Director may issue special site rights for such other purposes in respect of water or land as may, in his opinion, be necessary or advisable for the conduct of prospecting or mining operations or for any other purposes connected with mining;


(ii) water-rights for the generation of electric power shall not be granted under the provisions of this section unless such electric power is to be used by the holder of a mining tenement for the purpose of prospecting or mining operations conducted on such tenement;


(iii) nothing in this Act shall affect any right to use water under the provisions of the Rivers and Streams Act.

(Cap. 121. 1967 Edition.)


(5) Land the subject of a special site right shall be of such dimensions as may be prescribed or as near thereto as circumstances will permit.


(6) A special site right may be extended for such periods as the Director may determine.

(Amended by 7 of 1966, s. 41.)


(7) Subject to the provisions of section 21 of this Act a special site right may be surrendered in the manner provided by section 62 of the Land Transfer Act.
(Cap. 131.)


Road access licences


39.-(1) No person shall, in the exercise of any rights conferred on him under the provisions of this Act, construct any road on or over any land not being the subject of a mining tenement held by him without first obtaining a road access licence empowering him to do so:


Provided that the holder of a mining tenement shall have the right of pedestrian access for himself, his servants and agents, to and from his tenement, and for that purpose may pass without hindrance over any unimproved land.


(2) Subject to the provisions of this Act and to any terms and conditions not inconsistent therewith that he may think fit, the Director may grant a road access licence to the holder of a mining tenement, who, being the holder of a prospector's right, has, either personally or by an agent who is the holder of a prospector's right, given notice as required under the provisions of paragraph (a) of subsection (1) of section 24 and, before the expiry of such notice, marked out in the prescribed manner the area over which the licence is applied for.


(3) A road access licence shall authorise the holder, his servants and agents, with or without vehicles and animals, to pass over the land the subject of such licence and to construct roads thereon.


(4) Every application for a road access licence shall be in the prescribed form and shall be accompanied by the prescribed fees together with a deposit of the first half year's rent and such deposits as may be required under the provisions of sections 16 and 22.


(5) A road access licence may be granted for such periods as may be prescribed and may be extended for such periods as the Director may determine.

(Amended by 7 of 1966, s. 41.)


(6) Subject to the provisions of section 21, a road access licence may be surrendered in the manner provided by section 62 of the Land Transfer Act.
(Cap. 131.)


(7) The Director may require the applicant for a road access licence to adjust his marking out to follow such route as the Director shall consider reasonable and convenient for all parties who may be affected by the road.


(8) Any right to any road conferred upon the holder of a mini under the provisions of this Act shall expire when such mining t terminated or abandoned for any reason whatsoever and thereupon shall, if required by the owner or occupier, restore the surface of the former state so far as is practicable, and the provisions as to compensation contained in section 40 shall apply:


Provided that the holder of any other mining tenement in the same vicinity who wishes to use such road may apply for a road access licence over the whole or any part of the land the subject of the expiring licence and if such licence is granted the obligations of the holder of the expiring licence under the provisions of this subsection shall cease in respect of the land the subject of the licence so granted.


(9) The holder of a road access licence shall not hinder or prevent any other person from passing over the land the subject of that licence:


Provided that -


(a) where any person uses such road in such manner as to do a damage thereto or to enhance substantially the cost of upkeep thereof, the holder of the licence may require him to contribute to the cost of making good such damage or to the cost of upkeep; and


(b) where any person uses such road in such manner as to interfere materially with the free use and enjoyment thereof by the holder of the licence, the holder of the licence may require him to limit his use of the road so as to remove such interference.


(10) If any dispute arises in connexion with damage, upkeep or interference under the provisions of subsection (9), any person affected by such dispute may lodge a complaint with the Director who shall decide the matter at issue.


(11) If any other mining tenement is granted in respect of any part o the subject of a road access licence the holder of such other tenement may the holder of the road access licence to deviate the road and the cost of such deviation shall be borne by the holder of such other tenement:


Provided that the approval of the Director shall first be obtained before any such deviation may be required and, if he approves the deviation, the Director shall amend the road access licence accordingly.


PART III-DAMAGE AND COMPENSATION


Compensation payable for damage to surface of land and improvements thereon


40.-(1) It shall be an implied condition of every mining tenement holder thereof shall pay compensation to the persons entitled thereto for all damage done to the surface of any land and to any improvements thereon by any prospecting, mining or other operations conducted on such land by the holder of such mining tenement under the authority of any of the provisions of this Act:


Provided that in determining the amount of any such compensation no allowance shall be made for any mineral known or supposed to be on or under any land.


(2) The amount of compensation payable under this section shall be mutually agreed between the holder of the mining tenement and the persons entitled to such compensation.


(3) If the parties are unable to agree as to the amount of compensation payable, then the Director may, either of his own initiative or at the request of any of the parties, assess the amount of compensation payable or likely to become payable and shall thereupon give notice in writing of such assessment to the parties affected by it, and require the holder of the mining tenement to deposit with him the amount so assessed or, in lieu thereof, such guarantee in like amount as may be approved by him. Until such amount or guarantee in lieu thereof is deposited with the Director the holder of the mining tenement shall not be entitled to use occupy the land the subject of his tenement.


(4) Any party affected by any assessment made by the Director under provisions of subsection (3) who is dissatisfied with such assessment, may, by request in writing, require that the question be referred to arbitration:


Provided that every such request shall be made to the Director within thirty days of the date of such assessment or within such further time as the Director may think fit and a copy of every such request shall be delivered in like time to every other party affected by such assessment.


(5) Compensation payable under the provisions of this section for damage done to any improvements shall be payable at the time when such damage occurs but in the case of damage to the surface of any land compensation for such damage shall not become payable until the mining tenement is terminated:


Provided that the holder of a mining tenement may make an advance payment of compensation for any damage done or likely to be done to the surface of the land the subject of his tenement and such payment shall be set off against his liability on the termination of his mining tenement.


(6) When land is restored in accordance with the provisions of section 43, no compensation shall be payable in respect of any damage to the surface of the land so restored.


(7) When surface rent is payable pursuant to the provisions of section 41 in respect of any land the subject of a mining tenement, no compensation shall be payable under the provisions of this section for any damage done to an improvements effected to such land after the date on which surface rent began to be payable.


(8) Any person who has received compensation under the provisions of this section for damage done to any improvements on any land the subject of a mining tenement shall not be entitled to claim any further compensation in respect of the same damage but shall be entitled from time to time to receive such further compensation as the Director may determine for any further damage done to any improvements on such land by the operations of the holder of such mining tenement.


Surface rent payable for disturbance of surface rights


41.-(1) It shall be an implied covenant of every mining tenement, other than a prospecting licence, that the holder thereof shall pay surface rent to the person entitled to the surface rights of any land the subject of such tenement as compensation for any disturbance of such surface rights by any prospecting, mining or other operations conducted on such land by the holder of such mining tenement under the authority of any of the provisions of this Act:


Provided that, in respect of a permit to mine, mining lease or special mining lease, surface rent shall be payable only in respect of that portion of the surface of such land which the holder of such permit or lease is entitled to use an occupy.


(2) The amount of surface rent payable shall be mutually agreed in writing between the holder of the mining tenement and the person entitled to the surface rights of the land the subject of such tenement and every such agreement or a certified copy thereof shall be filed in the office of the Director on payment of the prescribed fee.


(3) If the parties are unable to agree as to the amount of surface rent payable the provisions of subsections (3) and (4) of section 40 as to assessment of compensation shall apply mutatis mutandis.


(4) Surface rent shall be paid to the person entitled thereto half - yearly in advance in each January and July and evidence of such payment shall be presented to the Director within fourteen days of such payment:


Provided that before commencing any operations on the land the subject of his tenement the holder of every mining tenement in respect of which surface rent is payable shall pay surface rent on a pro rata basis up to the end of the next ensuing half year.


Director may suspend and cancel tenement


42. If, in any case where the holder of a mining tenement is required to pay compensation under the provisions of this Part, payment is in arrears or the amount deposited is insufficient, the Director may suspend such mining tenement, until the amount payable has been paid and until such holder has deposited with him such further sums as may be demanded as security for further payments, and, if such payment and deposit is not made within such time as the Director may consider reasonable, the mining tenement may be cancelled in accordance with the provisions of section 65.


Restoration of land


43.-(1) During the currency of any mining tenement the Director may direct the holder thereof to restore the surface of the land the subject of such tenement where such surface has been disturbed by prospecting or mining operations. Such requirements of restoration shall be embodied in an appendix to such tenement before issue or by attachment thereto upon due service of such order.


(2) When any mining tenement is terminated or abandoned for any reason whatsoever, the person whose tenement has been terminated or abandoned shall, not later than thirty days from the date of termination or abandonment of the tenement, fill up all shafts, pits, holes and other excavations or otherwise secure them in a permanent manner so as to prevent persons or livestock inadvertently entering therein, and shall remove all posts marking out the land the subject of the tenement; and shall within such period certificate to the Director that he has complied with the provisions of this section as to the fencing or filling up of shafts, pits, holes and other excavations and the removal of posts:


Provided that no such person shall be liable for filling up or securing any excavations made by other persons on the land the subject of his tenement, prior to the grant thereof, if, on application for the tenement, he has shown on the plans submitted with his application, the position, of these excavations in relation to the boundaries of the land, or if he submits within a period of one month from the date of grant of the tenement, a plan showing the position of such excavation.


(3) If any person, whose mining tenement has been terminated or abandoned, neglects to fill up or secure any excavations or to notify the Director within prescribed time, the Director shall have the right to cause such excavations to be filled up or secured and for so doing may charge such person such sum as the Director considers reasonable, and such charge shall be a lawful deduction from any amount deposited by such person with the Director under the provisions of this Act:


Provided that such filling up or securing by the Director and the payment of such charge shall not exempt such person from his liability under the provisions of this Act or any other law for his failure to fill up or secure such excavations.


(4) Where a mining tenement is renewed in respect of a reduced area only, the provisions of subsections (2) and (3) shall apply to the land not included in renewal.


PART IV-REGISTRATION, APPROVAL AND STAMPING OF DOCUMENTS


Registration of prospector's rights, prospecting licences and permits to mine


44.-(1) The Director shall keep a register called the "Register of Prospectors' Rights" in which shall be recorded the name in full, the place of residence and the occupation of every person to whom a prospector's right is granted.


(2) Every prospecting licence, special prospecting licence and permit to mine shall be recorded in registers to be kept by the Director called the "Register of Prospecting Licences" and the "Register of Permits to Mine".


Mining leases, special site rights and road access licenses to be registered by the
Registrar of Titles


45.-(1) Every mining lease, special mining lease, special site right and road access licence shall be recorded in registers, to be kept by the Registrar of Titles called the "Register of Mining Leases", the "Register of Special Site Rights" and the "Register of Road Access Licences".


(2) On registration, every mining lease, special mining lease, special site right and road access licence shall be subject to the provisions of the Land Transfer Act in so far as such provisions are not inconsistent with the provisions of this Act, in the same manner as if such lease, right or licence were a lease under the provisions of the Land Transfer Act, and shall be dealt with in like manner.
(Cap. 131.)


(3) It shall be lawful for the Registrar of Titles to charge and collect in respect of any mining lease, special mining lease, special site right or road access licence, registered under the provisions of this Act, or in respect of any dealing with such lease, right or licence, the fees prescribed under the Land Transfer Act (including the fees for registering any such lease, right or licence) in the same manner as if such lease, right or licence were a lease under the provisions of that Act.
(Cap. 131.)


(4) In the event of any mining lease, special mining lease, special site right or road access licence being granted over any alienated or native land the instrument of title of the owner of such land shall be referred to in such lease, right or licence and on registration thereof the Registrar of Titles shall give notice of such registration to the holder of the duplicate instrument of title to the land affected by such registration and shall enter a memorial of the lease, right or licence on instrument of title and on the duplicate thereof, if produced to him.


Director's consent required to deal in tenement


46.-(1) The holder of a mining tenement or of any interest therein shall not transfer or otherwise deal in his right or interest, or any part or share thereof in any manner whatsoever without first obtaining the approval in writing of the Director and no evidence of any such dealing shall be admissible in any court unless such prior approval has been obtained:


Provided that the Director shall not, without the prior consent of the Minister, grant such approval in the case of a mining tenement the grant of which is required by any of the provisions of this Act to be approved by the Minister.


(2) Every dealing in a mining tenement or interest therein shall be in and shall state the full and true consideration passing between the parties thereto, otherwise the dealing shall be null and void.


(3) (a) Every dealing in a mining tenement shall be presented to the Director for the endorsement of his approval together with a certificate copy which shall be retained by the Director, and, until so endorsed each such dealing shall be null and void, and no dealing shall endorsed unless it is stamped to the satisfaction of the Commissioner of Stamp Duties.


(b) Every such dealing shall be presented for endorsement and, where necessary, for registration in the appropriate Register within twenty-one days of the date thereof:


Provided that the Director or Registrar of Titles may in his discretion, on reasonable cause being shown, extend the time for endorsement or registration.


Agreements relating to mining tenements to be disclosed


47. Every applicant for or holder of a mining tenement, and every transferee or proposed transferee thereof shall disclose to the Director every agreement which he has entered into or intends to enter into with any other person relating to the disposition or working of the tenement and the financing of the prospecting or mining operations intended to be conducted on or under the mining tenement, together with the name, address and occupation of such person.


Transmission of tenement on death, bankruptcy or unsoundness of mind


48.-(1) In any case where the holder of any mining tenement shall -


(a) die;


(b) have a receiving order in bankruptcy made against him; or


(c) be found to be of unsound mind under the provisions of any law relating to mental treatment for the time being in force in Fiji,


the obligations imposed upon such holder by this Act shall not be enforceable until after the expiration of ninety days -


(i) from the date of the grant of probate or the issue of letters of administration;


(ii) from the date of the receiving order; or


(iii) from the date of the appointment of any committee of the estate of the person of unsound mind,


as the case may be:


Provided that the Director may extend any such period.


(2) The personal representative, receiver in bankruptcy or committee, as the case may be, of any deceased, bankrupt or person of unsound mind referred to in subsection (1) may make application to the Director or to the Registrar of Title as may be appropriate, to be registered as the proprietor of any mining tenement held by such deceased, bankrupt or person of unsound mind. Upon production to him of the probate, letters of administration, receiving order, order of appointment or such other evidence as he may require, the Director or the Registrar of Title, as the case may be, shall cause to be entered in the appropriate register a memorial of the date and hour of production of the same, with such further particulars as he may deem necessary and, upon such entry being made such personal representative, receiver in bankruptcy or committee, as the case may be, shall become the registered holder of such mining tenement and the Director or Registrar of Titles, as the case may be, shall note such registration by memorandum on the probate, letters of administration, receiving order or order of appointment produced to him:


Provided that the title to such mining tenement of such personal representative, receiver in bankruptcy or committee shall relate back and take effect from the date of death or the date of such receiving order or order of appointment, as the case may be.


PART V-MISCELLANEOUS


Indemnification of Director and inspector


49. Neither the Director nor any person acting under his authority nor a inspector shall be personally liable to any action, suit or proceeding for or in respect of any act or matter bona fide done or omitted to be done in the exercise or supposed exercise of any of the powers conferred on him by the provisions of this Act.


Government not liable for rent, etc., unpaid and irrecoverable by the Director


50. Neither the Government nor the Minister nor the Director nor any person acting under their authority shall be liable to any action, suit, claim or proceeding for the recovery of any rent, compensation or other charges which may be due and payable but remaining unpaid by any holder of a mining tenement under the provisions of this Act.


Livestock not to be impounded


51. The holder of any mining tenement shall not have the right to impound, disturb, molest or in any way whatsoever prevent any livestock from depasturing on the land the subject of his mining tenement unless such land is enclosed by a substantial fence and he has paid surface rent in respect of such land pursuant to the provisions of section 41.


Proof of documents


52. Subject to the provisions of section 46 and to the provisions of the Stamp Duties Act, in all proceedings in any court the production of any document purporting to be a lease, licence, permit, right, certificate or other document issued by the Director or any authorised officer under the provisions of this Act shall, until the contrary is proved, be sufficient evidence that the document is what it purports to be and that it was lawfully issued.
(Cap. 205.)


Director may issue certified and duplicate copies of documents


53.- (1) The Director may issue a certified copy of any prospector's right, prospecting licence, special prospecting licence, permit to mine, certificate document filed with him on payment of the prescribed fee and such certificate copy shall be received in evidence in any court.


(2) Upon the application of the holder thereof the Director may, subject to payment of the prescribed fee and to such conditions as to proof of loss or destruction as he thinks fit, issue a duplicate of any prospector's right, prospecting licence, special prospecting licence or permit to mine which he is satisfied has been lost or destroyed, and such duplicate shall be available for all purposes and uses and have the same force and effect as the lost or destroyed right, licence or permit:


Provided that the Director shall not issue such duplicate unless the applicant therefor has given not less than fourteen days notice in the Gazette and in one newspaper circulating in Fiji of his intention to make such application.


Royalties


54.- (1) All minerals obtained in the course of prospecting operations shall be liable to the prescribed royalties and no mineral exported unless such royalties are paid or secured in accordance with the prescribed conditions:


Provided that the Director may, by permit in writing, exempt from small quantities of such minerals exported as commercial samples or specimens or for the purpose of analysis or experiment as he thinks fit.


(2) Whenever a mineral sample is exported solely for the purpose of analysis or experiment or as a scientific specimen the person exporting such sample shall obtain a certificate of the result of any analysis of such sample and shall deliver a certified true copy thereof to the Director within six months of the export of such sample.


(3) The Minister may, by notice in the Gazette, remit the whole or any part of any royalties payable by any person in respect of any mineral or minerals for such period as may be specified in such notice.


Recovery of rents, etc.


55. Any arrears of rents, royalties or fees payable to the Crown under provisions of this Act may, in addition to any other legal remedy, be recovered as a civil debt at the suit of the Director or an authorised officer.


Disputes


56.- (1) Any dispute referred to arbitration under the provisions of this Act shall be referred to a single arbitrator chosen by the parties, or, if they are unable to agree, to an arbitrator chosen by the Chief Justice. Each party shall have power to appoint an assessor to sit with the arbitrator but the arbitrator alone shall have the power to decide and the award shall be his alone.


(2) Every arbitration shall take place at Suva or at such other place within Fiji as the single arbitrator shall decide and the procedure thereat shall be governed by the provisions of the Arbitration Act.
(Cap. 38.)


PART VI-PENALTIES


Unlawful prospecting and mining


57.- (1) No person shall prospect for any minerals on any land in Fiji or mark out any land for the purpose of applying for a mining tenement unless he is the holder of a prospector's right:


Provided that it shall not be necessary that any person employed on the land the subject of a mining tenement shall be the holder of a prospector's right.


(2) No person shall mine or employ any other person to mine on any land Fiji unless he has first obtained a permit to mine, mining lease or special mining lease entitling him to do so.


(3) Any person contravening any of the provisions of subsections (1) or (2) shall be guilty of an offence and shall be liable to a fine not exceeding four hundred dollars or to imprisonment for a term not exceeding one year and to the forfeiture of all minerals obtained, or, if such minerals cannot be forfeited, shall pay such sum as the court may assess as the value thereof.


Penalty for failure to notify owner


58. Any holder of a prospector's right who marks out for a mining tenement any land without first notifying the owner or occupier of the land in accordance with the provisions of paragraph (a) of subsection (1) of section 24, shall be guilty of an offence and shall be liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months.


Assault on authorised person, etc.


59. Any person who -


(a) assaults, obstructs or resists the Director or an inspector or any authorised officer or any bailiff in lawfully entering upon any land in performance of his duty or in the exercise of his powers under the provisions of this Act; or


(b) after being removed by any officer authorised under the provisions of this Act from any land the subject of a mining tenement, forcibly or clandestinely retakes or retains possession thereof or of any share therein; or


(c) resists or prevents the taking, using or diverting of any water by any person authorised under the provisions of this Act to take, use or divert such water,


shall be guilty of an offence and shall be liable to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding six months.


Fraud by applicant for mining tenement


60.-(1) Any person who represents that he has obtained the grant of a mining tenement and thereby induces or attempts to induce any person to invest capital in any company or syndicate connected therewith before he has obtained the grant of such mining tenement shall be liable to forfeit any claim to the grant thereof, and, if he already holds a prospector's right or any mining tenement, shall be liable to have his prospector's right and his tenement cancelled:


Provided that nothing in this section shall relieve any person from liability to civil action or criminal prosecution in respect of the said representation.


(2) Any applicant for a mining tenement or any holder thereof who wilfully or recklessly gives false information as to any of the matters in respect of which information is or may be required to be given under the provisions of this Act, shall be guilty of an offence and shall be liable to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.


Salting or fraudulent deposit of metal and fraudulent sampling


61. Any person who, with intent to defraud, places or deposits, or is an accessory to the placing or depositing, of any mineral or ore in any place, or does any other act, for the purpose of misleading any person as to the nature, quality or quantity of the mineral naturally occurring at such place or who, with intend to defraud, mingles or causes to be mingled with any sample of mineral or ore any valuable mineral or any substance whatsoever which will increase the value or in any way change the nature of such mineral or ore, shall be guilty of a felony and shall be liable to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding five years, or to both such fine and imprisonment.


Attempts to injure underground mines


62. Any person who, with intent to injure or obstruct the working underground mine -


(a) causes water to run into the mine or into any subterranean pass communicating with the mine;


(b) obstructs any shaft or passageway of the mine;


(c) obstructs the working of any machine, appliance, or apparatus appertaining to or used in connexion with the mine, whether the thing in question is completed or not; or


(d) injures or unfastens any rope, chain or other tackle used in or upon the mine or any passageway or work appertaining thereto or used therewith,


shall be guilty of a felony and shall be liable to imprisonment for a term not exceeding seven years.


Penalty for obstructing holder of prospector's right or mining tenement


63. Any person who interferes with or obstructs the holder of a prospector's right or the holder of a mining tenement, or his servants or agents, in the exercise of any right, power or liberty conferred by the provisions of this Act shall be guilty of an offence and shall be liable to a fine not exceeding one hundred dollars imprisonment for a term not exceeding six months.


Penalty for injuring boundary marks


64.-(1) Any person who without lawful authority wilfully breaks, defaces, removes, alters, or in any way interferes with any boundary mark, peg, pillar, or notice erected or affixed for any of the purposes of this Act, shall be guilty of an offence and shall be liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding six months.


(2) For the purposes of this section, unless otherwise expressly provided, it shall be unlawful for any applicant for a mining tenement or any holder thereof to move or interfere in any way with any boundary mark purporting to mark out the area applied for, or held by him, without first obtaining the consent in writing of the Director.


Cancellation of prospector's right or mining tenement


65.-(1) If the holder of a prospector's right or mining tenement -


(a) commits a breach of any of the provisions of this or any other Act made in connexion with mining, explosives or the employment of labour or of any of the covenants, terms or conditions of his right or tenement;


(b) is convicted of any offence involving dishonesty or fraud; or


(c) wholly discontinues operations under a permit to mine, mining lease or special mining lease for a continuous period of six months or more without the permission of the Director,


the Director may call upon such person to show cause, within such reasonable time as the Director may specify, why his prospector's right or mining tenement should not be cancelled and if such person fails to show cause within the time so specified or if the cause shown is, in the opinion of the Director, inadequate, the Director may cancel such prospector's right or mining tenement or, in the case of any breach mentioned in paragraph (a), may allow the holder of such right or tenement to remedy such breach within such time as the Director may specify:


Provided that in any case in which he allows the holder of any mining tenement to remedy any such breach the Director may require such holder to pay, in addition to the rent or fees normally payable in respect of that tenement, a penal rent not exceeding three times the amount of such rent or fees, for the period from the commencement of such breach until it is made good to the satisfaction of the Director. Such penal rent shall be payable monthly without demand and shall be recoverable as rent.


(2) On the cancellation of any prospector's right or mining tenement, all rights and privileges conferred thereby shall cease:


Provided that such cancellation shall not in any way affect the liability of any person to be sued or prosecuted for any breach of any of the provisions of this or any other Act or of any covenant, term or condition of any mining tenement or for the payment of any rent, fees, royalties or compensation.


(3) The allowance of any time or the payment of any penal rent under the provisions of subsection (1) shall not in any way affect the liability of any person to be sued or prosecuted for any breach of any of the provisions of this or any other Act or of any covenant, term or condition of any mining tenement.


Penalty for mining minerals other than those specified in permit to mine or mining lease


66. If the holder of any mining tenement mines for any mineral other than as specified in his permit or lease, his tenement shall be liable to cancellation and he shall be guilty of an offence and shall be liable to a fine not exceeding one hundred dollars and a further fine not exceeding ten dollars for every day on which the offence continues.


General penalty


67.-(1) Any person who-


(a) disobeys any of the provisions of this Act by -


(i) wilfully doing any act which it forbids; or


(ii) refusing or wilfully omitting to do any act which it requires to be done; or


(b) refuses or wilfully omits to carry out any lawful order, instruction or condition made, given or imposed by the Director, any inspector or authorised officer under the authority of this Act,


shall be guilty of an offence against this Act and shall, where no specific penalty is provided, be liable to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.


(2) Whenever it is proved to the satisfaction of a court that an offence against this Act has been committed by any servant or agent of the holder of any mining tenement, such holder shall be held to be liable for such offence and to the penalty provided therefor, unless he proves to the satisfaction of such court that the offence was committed without his knowledge or consent and that he had taken all reasonable means to prevent the commission of the offence:


Provided that nothing contained in this section shall be deemed to exempt any such servant or agent from the penalties provided for any such offence committed by him.


PART VI - REGULATIONS


Regulations


68.-(1) The Minister may make regulations prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient prescribed for carrying out or giving effect to the provisions of this Act, and in particular for -


(1) the application for and the form and registration of prospectors' rights and mining tenements and the fees payable therefor;


(2) the conditions to be observed and the duties to be performed by holders of prospectors' rights and mining tenements;


(3) the method of determining the priority of applicants;


(4) the area, dimensions and shape of mining tenements and the manner in which the area, boundaries and other particulars of land the subject of a mining tenement are to be ascertained, described, marked out and maintained;

(Amended by 7 of 1966, s. 41.)


(5) the duration of mining tenements;


(6) the kinds of mining leases and permits to mine and the minerals which may be mined under them;


(7) tribute agreements and contracts;


(8) powers of attorney;


(9) the extension, transfer, amalgamation, assignment, sublease, encumbrance, surrender and determination of mining tenements, and registration thereof and the fees payable thereon;

(Amended by 7 of 1966, s. 41.)


(10) the ascertainment and payment of royalties in respect of minerals;


(11) the allocation of and payment of rents and fees;


(12) the keeping of records of minerals found;


(13) the keeping and verification of accounts and plans and sections of mines;


(14) the mode of working mining leases and the disposal of waste and tailings;


(15) the labour conditions to be observed and the housing and other accommodation required for labourers and the minimum number of labourers to be employed on mining tenements;


(16) surveys and plans;


(17) the regulation and use of the surface of the land and the cutting of timber and fuel;


(18) the use of water and the cutting, constructing, use and maintenance races, dams and reservoirs;


(19) trespass;


(20) the employment and registration of labourers, the payment of wages and duties of employers and the safety of employees;


(21) the employment of persons having charge of winding machinery providing for their periodical medical examination;


(22) the issue of certificates and permits for managers and certain employees on mines;


(23) the regulation of mines and the handling, storage and use of explosives therein;

(Amended by 37 of 1966, s. 106.)


(24) the determination of disputes;


(25) the sanitary regulation of lands the subject of mining tenements and adjacent thereto;


(26) the examination, restriction of employment and exclusion from mines of all persons found to be infected with ankylostomiasis, pneumoconiosis, tuberculosis or other infectious or contagious diseases;


(27) the preservation of public health and the prevention of nuisances of all kinds arising from mining operations or the smelting or other treatment of any mineral product and the calculation and payment of compensation for any damage caused thereby;


(28) the disposal of forfeited minerals;


(29) the regulation of alluvial working by dredging, sluicing or otherwise and, among other things, the areas and methods of working; securing the bailing of water from mines so as to prevent injury from such water to any mine workings;


(30) securing the bailing of water from mines so as to prevent injury from such water to any mine workings;


(31) the manner in which compensation shall be ascertained and paid;


(32) making provision for the compilation of mining statistics by requiring every person carrying on prospecting or mining operations to furnish to the Director periodical returns;


(33) the regulation, restriction and control of the disposal and export of ores and minerals;


(34) determining the distance, and enforcing the same, at which shafts and other mine workings are to be kept from public and private roads, ways and passages and from private land, dwellings and other buildings and for ensuring the fencing and protection of mines and works for the safety of man and beast;


(35) the inspection, supervision and control of machinery used for mining purposes and prescribing the fees to be paid therefor and for the certificates which shall be issued by an inspector after his examination of any machinery;


(36) the manner in which registers shall be kept;


(37) defining the powers and duties of persons appointed or deemed to have been appointed under the provisions of this Act in all cases where such powers and duties have not been defined by this Act;


(38) the manner in which certified copies of or duplicate certificates of lost documents may be issued and the fees therefor;


(39) the mode of recording documents issued under the provisions of this Act;


(40) the payment of rewards by way of moneys or mining leases to persons discovering precious metals or precious stones;


(41) the manner of doing or performing anything by this Act required to be done or performed;


(42) enabling the Director, an inspector or any authorised officer to enforce his orders.


(2) The regulations may be made to apply to the whole of Fiji or to any particular part thereof.


Controlled by Ministry of Lands and Mineral Resources


____________________________


CHAPTER 146


MINING
_____


SECTION 2-DECLARATION OF MINERAL SUBSTANCES
_____


Gazette Notice No. 2008 of 1979, Legal Notice No. 29 of 1983


The following mineral substance is declared to be a mineral substance included in paragraph (c) of the definition of "minerals" in section 2 of the Act:-


Glass Sand


The following mineral substances are declared to be mineral substances included in paragraph (f) of the definition of "minerals" in section 2 of the Act:


Geothermal resources and their heat


SECTION 5-GOVERNMENT PROTECTION AREAS


The following areas are declared to be Government protection areas:-


Legal Notice No. 37 of 1983


NAMULOMULO GOVERNMENT PROTECTION AREA


All that piece of land in the tikina of Nawaka in the province of Ba having area of 100 hectares that is bounded by a line commencing at a point (being point at the termination of a line commencing at the Navuso Trigonometrical Station and running thence on a bearing of 300 degrees for 1,700 metres) and running thence on a bearing of 360 degrees for 1,000 metres, then on a bearing of 90 degrees for 1,000 metres, then on a bearing of 180 degrees for 1,000 metres, then on a bearing of 270 degrees for 1,000 metres to the point of commencement (all bearings being true).


________


Legal Notice No. 28 of 1983


QALIMARE (No. 1) GOVERNMENT PROTECTION AREA


All that piece of land in the tikina of Ruwailevu in the province of Nadoga and Navosa having an area of 150 hectares that is bounded by a line commencing at a point (being the point at the termination of a line commencing at the Vatunauga Trigonometrical Station and running thence on a bearing of 138 degrees for 500 metres and then on a bearing of 90 degrees for 450 metres) and running thence on a bearing of 360 degrees for 500 metres, then on a bearing of 90 degrees for 3 000 metres, then on a bearing of 180 degrees for 500 metres, then on a bearing of 270 degrees for 3,000 metres to the point of commencement (all bearings being true).


QALIMARE (No. 2) GOVERNMENT PROTECTION AREA


All that piece of land in the tikina of Ruwailevu in the province of Nadroga and Navosa having an area of 200 hectares that is bounded by a line commencing at a point (being the point at the termination of a line commencing at the Vatunauga Trigonometrical Station and running thence on a bearing of 138 degrees for 500 metres) and running thence on a bearing of 180 degrees for 1,000 metres, then on a bearing of 270 degrees for 2,000 metres, then on a bearing of 360 degrees for 1,000 metres, then on a bearing of 90 degrees for 2,000 metres to the point of commencement (all bearings being true).


Legal Notice No. 30 of 1983


QALIMARE (No. 3) GOVERNMENT PROTECTION AREA


All that piece of land in the tikina of Ruwailevu in the province of Nadroga and Navosa having an area of 200 hectares that is bounded by a line commencing at a point (being the point at the termination of a line commencing at the Vatunauga Trigonometrical Station and running thence on a bearing of 138 degrees for 500 metres) and running thence on a bearing of 90 degrees for 2,000 metres, then on a bearing of 180 degrees for 1,000 metres, then on a bearing of 270 degrees for 2,000 metres, then on a bearing of 360 degrees for 1,000 metres to the point of commencement (all bearings being true).


Legal Notice No. 37 of 1983


WAINIVESI GOVERNMENT PROTECTION AREA


All that piece of land in the tikina of Sawakasa in the province of Tailevu having an area of 175 hectares that is bounded by a line commencing at a point (being the point at the termination of a line commencing at the Vatanitu Trigonometrical Station and running thence on a bearing of 331 degrees for 3050 metres) and running thence on a bearing of 227 degrees 30 minutes for 3,500 metres, then on a bearing of 317 degrees 30 minutes for 500 metres, then on a bearing of 47 degrees 30 minutes for 3,500 minutes, then on a bearing of 137 degrees 30 minutes for 500 metres to the point of commencement (all bearings being true).


WAINIVOLA GOVERNMENT PROTECTION AREA


All that piece of land in the tikina of Sawakasa in the province of Tailevu having an area of 150 hectares that is bounded by a line commencing at a point (being the point at the termination of a line commencing at the Korosarau Trigonometrical Station and running thence on a bearing of 188 degrees for 2,350 metres) and running thence on a bearing of 180 degrees for 1,000 metres, then on a bearing of 270 degrees for 1,500 metres, then on a bearing of 360 degrees for 1,000 metres, then on a bearing of 90 degrees for 1,500 metres to the point of commencement (all bearings being true).


WAINIVOSULE GOVERNMENT PROTECTION AREA


All that piece of land in the tikina of Sawakasa in the province of Tailevu having an area of 150 hectares that is bounded by a line commencing at a point (being the point at the termination of a line commencing at the Vatanitu Trigonometrical Station and running thence on a bearing of 236 degrees for 2,250 metres) and running thence on a bearing of 270 degrees for 1,000 metres, then on a bearing of 360 degrees for 1,500 metres, then on a bearing of 90 degrees for 1,000 metres, then on a bearing of 180 degrees for 1,500 metres to the point of commencement (all bearings being true).


________


SECTION 11-CLOSED AREAS


Legal Notice No. 17 of 1974


1. The following area is closed to prospecting or mining for bauxite:-


All that parcel of land situated in the tikina of Wainunu, Vuya and Wailevu in the province of Bua and Cakaudrove in the Island of Vanua Levu containing an area of approximately 2,818 acres more particularly delineated and shown coloured yellow on Plan No. M.B. 70 kept at the office of the Director of Mines, Suva with copies also available for inspection at the offices of the Divisional Surveyors at Suva, Labasa and Lautoka.


Legal Notice No. 112 of 1975


2. The following area is closed to prospecting or mining or entry upon occupation under any prospector's right or mining tenement:-


All that parcel of land situated in the tikina of Wainikoroiluva, Suva, Veivatuloa, Namosi and Waimaro, provinces of Namosi, Rewa and Naitasiri, containing an area of approximately 65,693 acres and being bounded by lines commencing from the datum post which is at a distance of 2.4 miles and on a bearing of 168° 30' from a fixed point at Latitude 17° 56' 15" south and Longitude 178° 05' 00" East; thence 86° 30' for 10.4 miles to No. 1 corner post; thence 176° 30' for 10.3 miles to No. 2 corner post; thence 244° 30' for 2.3 miles to No. 3 corner post; thence 278° 52' for 7.1 miles to No. 4 corner post; thence 348° 30' for 9.9 miles to the datum post.


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SECTION 68-MINING REGULATIONS
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TABLE OF PROVISIONS
________


PART I - PRELIMINARY


REGULATION


1. Short title
2. Interpretation
3. Forms


PART II - FEES, RENTS AND ROYALTIES


4. Fees
5. Annual fees and rents
6. Royalties
7. Director may permit payment of royalties on a yield basis
8. No minerals to be exported except under authority of a mineral export licence


PART III - MARKING OUT, APPLICATION, PRIORITY


9. Shape of area
10. Marking out mining tenement
11. Beacons
12. Information to be shown on beacons
13. Beacons and trenches to be maintained
14. Defects in marking out
15. Trivial defects in beaconing or application do not invalidate, except in certain cases
16. Application for mining tenement
17. Plans to accompany application
18. Agent may be called upon to produce authorisation
19. Notice of application for mining tenement
20. Withdrawal of application for mining tenement
21. Priority
22. Director may require applicant to adjust boundaries after survey of contiguous land


PART IV - PROSPECTOR'S RIGHTS


23. Application for a prospector's right
24. Form of a prospector's right
25. Period and post-dating of a prospector's right
26. Prospector's right to be produced


PART V - PROSPECTING LICENCES


27. Area and period for prospecting licence
28. Form of prospecting licence
29. Full particulars of prospecting licences to be entered in Register of Prospecting Licences
30. Conditions to which prospecting licences are to be subject
31. Reports on prospecting operations
32. Special prospecting licences


PART VI - PERMITS TO MINE AND MINING LEASES


33. Areas for permits to mine and mining leases
34. Applications for permits to mine and mining leases
35. Form of permit to mine
36. Full particulars of permits to mine to be entered in Register
37. Form of mining lease
38. Execution of lease
39. Record to be kept of mining leases
40. Rights and conditions of permits to mine and mining leases
41. Director may order holder to stop mining operations
42. Notice of commencement of mining operations
43. Exemptions from labour covenants
44. Grounds for exemption
45. Resumption of work during currency of exemption
46. Keeping, inspection and verification of accounts
47. Monthly report on mining operations
48. Yearly report by mine holder
49. Special mining leases


PART VII - SPECIAL SITE RIGHTS


50. Areas for special site rights
51. Purpose of special site rights
52. Application for special site right
53. Form of special site right
54. Special site rights to be held in connection with mining tenement only
55. Record to be kept of special site rights
56. Water right not required for water within a mining tenement, limitation of height of dam
57. Bridges
58. Right of holder of passageway right
59. Unlawful use or pollution of water
60. Erection of machinery or furnaces
61. Period of special site right
62. Resumption of areas


PART VIII - ROAD ACCESS LICENCES


63. Area for road access licence
64. Purpose of road access licence
65. Application for road access licence
66. Form of road access licence
67. Road access licence to be held in connection with mining tenement only
68. Record to be kept of road access licences
69. Rights of holder of road access licence
70. Construction of road
71. Period of road access licence
72. Resumption of areas


PART IX - SURVEYS AND PLANS OF MINING TENEMENTS


73. Survey of mining tenements
74. General rules for surveys
75. Survey marks to be protected by holder of tenement
76. Plans of mines to be kept
77. Information to be shown on plans
78. Plans, etc., of abandoned mine required


PART X - GENERAL PROVISIONS


79. Grant, etc., of prospector's rights and mining tenements to be gazetted
80. Export of minerals
81. Particulars of boring operations to be supplied
82. Pollution of water
83. Tribute agreements
84. Names and addresses of all holders of a mining tenement to be supplied
85. Service and delivery of notices and process
86. Powers of attorney
87. Transfers and other dealings
88. Surrender of mining tenements
89. Action to be taken on termination of mining tenement
90. Filling up or securing excavations
91. Right to remove fixtures
92. Duplicate copies of documents lost or destroyed
93. Certified true copies of documents
94. False representation


PART XI - SAFETY OF MINES


Division 1 - General


95. Interpretation
96. Copies of Regulations to be possessed and displayed
97. Employment of women, children and young persons
98. Record of all employees to be kept
99. Intoxicated and crippled persons and intoxicating liquor not allowed in or about a mine
100. Protection of safety appliances
101. Duty of employees to satisfy themselves of safety of appliances and to report danger


Division 2 - Inspectors and Inspections


102. Powers of inspectors
103. Obligation to remedy any dangerous practice, and procedure to be followed


Division 3 - Managers and Accidents


104. Mine manager to be appointed for every mine
105. Mine Manager's Certificate
106. Duties and responsibilities of manager
107. Responsibility for accident occurring with incompetent workmen
108. Manager shall provide for the safety and discipline of workmen
109. Manager or deputy to inspect and report
110. Holder responsible for refusing manager necessary means
111. Notice of accident to Director or inspector
112. Interference with place of accident
113. Inquiries into accidents
114. Notice of special occurrences
115. Record Book


Division 4 - Surface Protection and Poisons


116. Fencing of surface subsidences or cavities
117. Prior permission of inspector required for certain excavations under the surface
118. Loose material not permitted near unprotected edges
119. Protection of shafts not in use and opencast workings
120. Storage of poisons
121. Antidotes and washes
122. Provision of gloves
123. Poisonous and injuries chemicals solution - precautions necessary
124. Dust abatement
125. Construction of dams
126. Drinking water


Division 5 - Opencast Workings


127. Undercutting
128. High vertical faces prohibited in alluvial and other workings unless securely timbered
129. Angle of slope and height of face
130. Safety helmets
131. Safety belts and lifelines


Division 6 - Underground Workings


132. Fencing of entrances to shafts, winzes, etc.
133. Dangerous workings to be properly secured
134. Supporting roof and sides
135. Safety helmet to be worn underground
136. Safety belts and lifelines
137. Advance boreholes when approaching water or gas
138. Second outlet may be necessary


Division 7 - Hosting and Ropes


139. Capacity of hoist not to be exceeded
140. Adequate brakes required for hoist
141. Connection between rope and conveyance
142. Factor of safety
143. Use of defective rope forbidden
144. Rope test certificate
145. Use of chains
146. Guides for conveyances in shafts
147. Winding prohibited during repairs
148. Materials forbidden in conveyances together with men
149. Securing materials during winding
150. Shaft signals required
151. Code of signals
152. Special signals
153. Code of signals to be posted
154. Appointment of hoist drivers
155. Hoist Driver's Certificate
156. Hours during which hoist drivers to be on duty
157. Permission required to use hoist for carrying persons
158. Automatic brakes
159. Conditions to be observed where carrying persons is permitted
160. Protection at mouth of shaft during sinking
161. Blasting signals in shaft sinking
162. Filling of bucket
163. Bucket to be stopped before reaching bottom
164. Protection of workmen in shaft sinking
165. Safety measures in the case of underground tramways
166. Hoist log books


Division 8 - Travelling-ways and Ladderways


167. Ladders and ways of exit
168. Permanent ladderways
169. Travelling-ways in shaft to be partitioned or securely fenced
170. Platforms to be provided in ladderways
171. Construction of mine ladders
172. Fixing of ladders
173. Carrying tools, etc., in ladderway prohibited
174. Ladders in shaft sinking


Division 9 - Ventilation and Lighting


175. Underground working to be properly ventilated
176. Disused workings to be examined before being again used
177. Working in foul air forbidden
178. Water blast to be provided in certain circumstances
179. Machine drilling
180. Adequate stationary lights to be provided
181. Machinery to be illuminated
182. Moving without a light prohibited


Division 10 - Machinery


183. Boilers, etc., to be in good condition
184. Exposed machinery to be fenced
185. Loose clothing
186. No repairing, oiling, etc., to be done under risk
187. Friction clutches or similar contrivances to be provided
188. Gauges and safety valves
189. Compressed air receivers to be tested
190. Use of compressed air apparatus
191. Dangerous places to be fenced
192. No admittance permitted to places where machinery or boilers are housed


Division 11 - Explosives


193. Explosives Regulations to apply with certain modifications
194. Distributing magazine
195. Restriction on transport of explosives in shaft conveyances


Division 12 - Electrical Apparatus and Wiring


196. Surface installations
197. Underground installations
198. Control of underground feeders
199. Test certificate necessary
200. Rating of underground cables and control devices
201. Voltage of signal systems
202. Power conductors
203. Earthing of casings
204. Earthing of equipment
205. Room or junction box
206. Junction or joint boxes
207. Fire prevention about electrical installations
208. Fire protection
209. Transformers, type and location
210. Transformers and transformer rooms
211. Protection of signal and telephone wires


Division 13 - Miscellaneous


212. First aid kit
213. Ambulance stations
214. Training of rescue teams and of persons in first aid
215. Hospital and nursing facilities
216. Manager responsible for sanitation
217. Drinking water
218. Drying and changing facilities
219. Housing
220. Each working place to be visited once a shift
221. Responsibility regarding dangerous conditions
222. Employees responsible for obeying safety rules
223. Manager responsible for non - compliance
224. Power to waive or suspend regulations in certain cases


First Schedule - Forms
Second Schedule - Scale of Fees


____________


MINING REGULATIONS
____________


Regulations 23 September 1966, 31 January 1967,
Legal Notices Nos. 64 of 1968, 135 of 1968, 204 of 1968, 112 of 1970,
147 of 1972, 215 of 1974, 95 of 1978, 120 of 1978, 60 of 1979


PART 1 - PRELIMINARY


Short title


1. These Regulations may be cited as the Mining Regulations.


Interpretation


2. In these Regulations, unless the context otherwise requires-


"beacon" means a post with a notice-board affixed thereto erected for the purpose of marking out an area of land for a mining tenement and includes the datum post, corner posts and boundary posts;


"company" means a company registered in accordance with the provisions of the Companies Act;

(Cap. 247.)


"holder" includes a company, and every person working or occupying the land the subject of a mining tenement either as manager, agent, transferee, sublessee, permittee or otherwise howsoever; and, when a mining tenement is held by a company includes the manager of such company or any person acting as the manager or secretary thereof;


"lode" includes all true fissure veins, bedded veins, contact veins, segregated veins, pipes, contact deposits, stockworks, impregnations, metalliferous conglomerates other than hardened alluvial deposits of modern origin, metalliferous and lateritic cappings, such irregular deposits as conform generically to the above classification and beds of any mineral such as beds of ironstone and coal seams;


"mark-out" means to delimit an area by beacons and trenches in accordance with the provisions of these Regulations;


"non-precious minerals" includes coal, earthy minerals, radio-active minerals and metalliferous minerals;


"opencast" means any uncovered excavation which has been made from the surface for the purpose of winning minerals;


"peg" means to mark out;


"plan" includes an original plan and a true copy or tracing thereof;


"precious minerals" includes precious metals and precious stones;


"satisfactory" means that which is, in the opinion of an inspector, satisfactory;


"tribute agreement" means an agreement between the holder of a mining tenement and any other person whereby such other person is required or permitted to carry out any mining operations on such tenement or on any part thereof in consideration of, instead of wages, a portion or percentage of all minerals won by him or of the value of such minerals;


"tributer" means a person working under a tribute agreement;


"workings" includes all excavated portions of a mine;


"works" means all plant, machinery, installations, buildings, dams and reservoirs used in connection with the operations of a mine.


3. Any reference by number to a form in these Regulations shall be read as a reference to a form of that number in the First Schedule.


PART II-FEES, RENTS AND ROYALTIES


Fees


4. Fees and rents shall be payable to the Director in respect of the several matters set out in regulation 5 and the Second Schedule according to the scales therein prescribed and the amount thereof may, without prejudice to any other remedies, whether civil or criminal, be recovered by the Director by deduction from any sum whatsoever deposited by the person owing such fee or rent.


Annual fees and rents


5.-(1) In addition to any fees prescribed in the Second Schedule:


(a) the following annual fees shall be payable by the holder of a prospecting licence in respect of each such licence held by him:


(i) for the first 200 hectares or part thereof - $5 for each 40 hectares or part thereof;


(ii) for each additional 40 hectares or part thereof in excess of 200 hectares - $4:


Provided that in the case of a prospecting licence grant extended for a period not exceeding 6 months, half only of the above-mentioned annual fees shall be payable;


(b) the following annual rents shall be payable:


(i) by the holder of a permit to mine or mining lease, in respect of each such permit or lease held by him - $15 per hectare or part thereof:


Provided that the minimum annual rent payable in respect of each such permit or lease shall be $50;


(ii) by the holder of a special site right or road access licence, in respect of each such right or licence held by him - $60.

(Substituted by Legal Notice 60 of 1979.)


(2) The annual fees or rents payable by the holder of a special prospecting licence or special mining lease, as the case may be, in respect of each such licence or lease held by him, shall, unless otherwise specified in such licence or lease, be as specified in paragraph (1) for a prospecting licence or mining lease respectively.


(3) All rents payable under the provisions of this regulation shall be paid half-yearly in advance, without demand, on 30 June and 31 December in each year:


Provided that-


(a) on the commencement of a mining tenement, all such rents payable in respect of the then current half-yearly rental period shall be paid by the holder on notification of the grant of such tenement; and


(b) in any case where a mining tenement commences or expires during a half-yearly rental period, the Director may waive or remit, on a pro rata basis, any portion of the rent payable in respect of the then current half-yearly rental period.


Royalties


6.-(1) All royalties payable under the provisions of section 54 of the Act shall be paid to the Director, and, subject to the provisions of regulation 7, shall unless otherwise determined by the Director with the approval of the Minister, be calculated at the following rates:-


(a) in the case of bauxite or iron ore, at the rate of 3 per cent of their value; and


(b) in the case of any other minerals, at the rate of 5 per cent of their value.

(Amended by Legal Notice 204 of 1968; 112 of 1970.)


(2) In the case of minerals intended for export, all royalties payable thereon under the provisions of this regulation shall be paid by the person exporting such minerals, and shall become payable at the time of delivery of such minerals on board a ship or aircraft for export, and, for the purpose of calculating the amount of royalty payable thereon, the value of such minerals shall be the price which, in the opinion of the Director having regard to prevailing world market prices, a purchaser would pay for them at the time of their delivery on board a ship or aircraft for export.


(3) In the case of minerals intended for use within Fiji, all royalties payable thereon under the provisions of this regulation shall be paid by the holder of the mining tenement from which such minerals are extracted and shall become payable at the time of their removal from such mining tenement, and, for the purpose of calculating the amount of royalty payable thereon, the value of such minerals shall be the price which, in the opinion of the Director having regard to prevailing world market prices, a purchaser would pay for them at the time of such removal.


Director may permit payment of royalties on a yield basis


7.-(1) Notwithstanding the provisions of regulation 6, in cases where the holder of any mining tenement or tenements keeps books of account to the satisfaction of the Director, the Director may, with the approval of the Minister permit such holder to pay royalties on all minerals extracted from all his tenements, including those subsequently granted, on a yield basis, calculated as follows:-


(a) where the yield expressed as a percentage of the annual sale value does not exceed 20 per cent royalty shall be at the rate of 10 per cent of the yield;


(b) where the yield expressed as a percentage of the annual sale value exceeds 20 per cent, royalty shall be at the rate of 10 per cent of the yield, together with an additional 0.2 per cent of the yield for each 1 per cent by which the yield expressed as such percentage exceeds 20 per cent.


(2) Wherever the holder of mining tenements is permitted to pay royalties on a yield basis under provisions of paragraph (1), he shall submit to the Director a statement of account in respect of all his tenements within three months after the end of each year or within such longer period as the Director may allow.


(3) All royalties assessed under this regulation shall be due and payable within one month of an assessment being made by the Director or such longer period as the Director may allow.


(4) For the purposes of this regulation, unless the context otherwise requires-


"annual expenditure" means the total of the following expenditure -


(a) all expenses incurred by the holder, in relation to the m inning tenement from which the minerals in respect of which the royalty is being determined were extracted, in the year for which royalty is being determined, in extracting, treating, refining and selling such minerals concerned including on loans, but excluding any head office expenses and any expenses other than such selling expenses as may in the discretion of the Director be included, incurred outside Fiji;


(b) all expenses incurred by the holder of such tenement in the year for which royalty is being determined in experimentation, research or investigation (including prospecting) connected with the minerals in respect of which any royalty is being determined, as the Director may in his discretion allow;


(c) such expenditure as may be allowed as a set-off under the provisions of section 23 of the Income Tax Act for the year except to the extent it may have already been allowed under the provisions of sub-paragraphs (a) or (b).

(Cap. 201.)


"annual sale value" means the total of all amounts received, directly or indirectly, from the sale or disposal of minerals, by the holder of the mining tenement from which the minerals in respect of which the royalty is being determined were extracted, in the year for which royalty is being determined;


"year" means the calendar year:


Provided that for any company whose fiscal year is not the calendar year, "year" means such fiscal year;


"yield" means the difference between annual expenditure and annual sale value.

(Amended by Legal Notice 64 of 1968; 147 of 1972.)


(5) Where any doubt arises as to whether any expenses fall within pays (a) or paragraph (c) of the definition of "annual expenditure" the decision of the Director shall be final.


No minerals to be exported except under authority of a mineral export licence


8. No mineral shall be exported from Fiji unless and until the export complied with the provisions of regulation 80 and the Director has issued in relation thereto a mineral export licence duly endorsed with a certificate to the effect that:-


(a) all royalties payable thereon have been paid; or


(b) all royalties payable thereon have been secured to the satisfaction of the Director; or


(c) no royalties are payable thereon.


PART III - MARKING OUT, APPLICATION, PRIORITY


Shape of area


9. Wherever possible the area the subject of any mining tenement shall, the Director in any particular case otherwise directs, be rectangular in shape and have a minimum width of not less than one-third of the length:


Provided that the shape of a special prospecting licence and of a special mining lease shall be such as may be approved by the Minister.


Marking out mining tenement


10.-(1) No person other than the holder of a prospector's right shall erect a beacon for the purpose of marking out an area of land for a mining tenement.


(2) Before application is made for a mining tenement the intending applicant, or his agent, shall mark out the land for which he desires to obtain a mining tenement in the following manner or as near thereto as circumstances will permit, that is to say:-


(a) a beacon shall be erected at every corner of the land, which beacons shall be known as "corner posts" and one of which shall be the datum post which shall be the fixed point from which all calculations and measurements are to be made;


(b) subject to the provisions of paragraph (3), boundary lines shall be marked between the corner posts at convenient intervals, being not more than 400 m apart, by beacons, which shall be known as "boundary posts" and shall as far as possible be erected at intervisible positions;


(c) where the boundary line of the tenement is to follow the foreshore or the bed of a stream or watercourse, the boundary post shall be erected on or near to such foreshore, or the bank of such stream or watercourse, as the case may be, at intervals of not more than 200 m apart, and, in cases where the boundary line is to follow the bed of a stream or watercourse-


(i) such boundary post shall be erected on the same side of the stream or watercourse as the area being marked out; and


(ii) the actual boundary line shall be deemed to follow the middle of the stream or watercourse;


(d) the direction of the boundary line on each side of every corner post and boundary post shall be indicated by a trench having a length of not less than 1.8 m alone the boundary line and a depth and breadth of not less than 250 mm:


Provided that if any such trenches cannot conveniently be cut owing to the rocky or other nature of the soil, the direction of the boundary line may be indicated by a line of stones having a length of not less than 1.8 m and a height and breadth of not less than 250 mm, or by tree blazing or such other means as may be approved by the Director.

(Amended by Legal Notice 95 of 1978.)


(3) Notwithstanding the provisions of paragraph (2), where some or all of the boundaries of a proposed mining tenement can be readily described by reference to prominent natural features or otherwise, the Director may, at the request in writing of the intending applicant for such tenement, or his agent, vary or dispense with any of the requirements of that paragraph:


Provided that the consent of the Director to such variation or dispensation shall be obtained in writing before the intending applicant makes any application for such tenement.


Beacons


11. Every beacon shall consist of a post to which a notice-board of wood or metal not less than 300 mm square shall be firmly affixed at a height of not less than 0.9 m from the surface of the ground and placed so as to face outwards from the area marked out, and each such post shall be of substantial materials such as hardwood, standing not less than 1.2m from the surface of the ground, and being not less than 75 mm square or, in the case of a round post, of a diameter of not less than 100 mm:


Provided that a beacon used a boundary post may consist of "X" marks not less than 250 mm high with the arms cut to a depth of not less than 12.5 mm and a width of not less than 25 mm on two opposite sides of a tree, such marks being placed in the direction of the boundary line.

(Amended by Legal Notice 95 of 1978.)


Information to be shown on beacons


12.-(1) Every notice-board on a beacon shall have the following information distinctly and legibly written, printed or painted on it in such a manner that it cannot be rendered illegible by rain or exposure:-


(a) "P.L." if the area is required for a prospecting licence or special prospecting licence;


"P.M." if the area is required for a permit to mine;


"M.L." if the area is required for a mining lease or special mining lease;


"S.S.R." if the area is required for a special site right;


"R.A.L." if the area is required for a road access licence;


(b) the date of erection;


(c) the name of the person, company or partnership on whose be application is being made, abbreviated if necessary;


(d) the letters "P.R." followed by the number of the prospector's right of the person erecting the beacon;


(e) such of the following groups of letters as is appropriate:-


"D.P." if a dump post;


"B.P." if a boundary post;


"C.P." if a corner post other than the datum post, followed by a figure indicating the number of the corner.


(2) Within one month of the grant of a mining tenement, the holder shall add to the information appearing on every beacon marking out the area thereof the official number of the tenement after the letters "P.L.", "P.M.", "M.L.", "S.S.R." or "R.A.L.", as the case may be.


(3) Upon the transfer of any mining tenement the transferee shall, as soon as possible after he has been notified of the registration of the transfer, substitute his own name for that of the transferor on every notice-board on all beacons larking out the area of such tenement.


Beacons and trenches to be maintained


13. All beacons and all notices thereon, and all trenches marking boundaries of any mining tenement or proposed mining tenement, shall be maintained in good condition and repair by the holder of or the applicant for the mining tenement or proposed mining tenement, as the case may be, to which they refer, and such holder or applicant shall at all times keep every beacon clear of high grass and brushwood for a distance of not less than 4.5 m on all sides of such beacon and shall, if so required by the Director or an inspector, clear all vegetation away from the boundary lines for a width of not less than 600 mm on each side actual boundary line.

(Amended by Legal Notice 95 of 1978.)


Defects in marking out


14.-(1) If it appears to the Director that the area marked out differs materially in position, shape or area from the area over which a mining tenement is applied for or is held, the Director may at the cost of the applicant or holder, as the case may be, make such adjustments of the beacons or boundaries as he may think fit in order to ensure that the area marked out coincides with the area applied for, and may charge the applicant or holder the cost of so doing, and such adjusted boundaries shall be deemed to be the boundaries of the area applied for or held.


(2) If the area applied for cannot be identified on the ground by means of the plan and the beacons or if the area of the land marked out differs from the area applied for by more than 20 per cent, the Director may refuse the application.


Trivial defects in beaconing or application do not invalidate, except in certain cases


15. Any departure from the provisions of these Regulations in respect of the marking out of an area or an application for a mining tenement shall not invalidate such marking out or such application if the Director is satisfied that a bona fide attempt has been made to comply with such provisions and that the defect or irregularity is of a minor nature; but where-


(a) the applicant, on receiving notice in writing from the Director to remedy such defect, fails to do so or fails to inform the Director that he has remedied such defect in the time specified in such notice, such defect or irregularity shall invalidate such marking out or such application;


(b) a number of such defects or irregularities occur, the whole may be regarded by the Director as invalidating such marking out or such application;


(c) such defect is calculated, in the opinion of the Director, to mislead another possible applicant for a mining tenement over the area marked out, or any part thereof, or over any land adjacent to the area marked out, such defect may be held to invalidate such marking out or such application.


Application for mining tenement. Form 1


16.-(1) Every application for a mining tenement shall be in Form 1 or to like effect, addressed to the Director, and shall be signed by each applicant or his agent or, in the case of a company, by the manager or secretary of the company.


(2) Every such application shall be accompanied by all relevant fees prescribed in the Second Schedule together with-


(a) in the case of an application for a prospecting licence, a deposit of all fees payable under the provisions of subparagraph (a) of paragraph (1) of regulation 5 for the duration of the term of the licence applied for; or


(b) in the case of an application for any other mining tenement, a deposit of the first half year's rent payable under the provisions of subparagraph (b) of that paragraph.


(3) In the case of an application for a mining lease, or for a special site right or road access licence which is to be attached to a mining lease, the applicant shall, in addition to any amount deposited under the provisions of paragraph (2), deposit with the Director the sum of $40 as part payment of the survey fees.


(4) Upon the grant of an application for a mining tenement, so much of the fees and rents paid or deposited under the provisions of paragraph (2) as shall represent the fees and rents payable in respect of the area over which the tenement is granted, shall be paid by the Director to the Consolidated Fund, and the balance, if any, shall be returned to the applicant, or should the application be refused, the whole of all amounts deposited by the applicant under the provisions of this regulation, less the filing fees, shall be returned to him.


(5) No deposit as security for fulfilment of the condition specified in section 43 of the Act shall be required to accompany an application for a mining tenement over land of which the applicant or one of them is the owner:


Provided that, if the application is granted and the mining tenement or the ownership of the land is subsequently transferred by such person, such deposit must be lodged with the Director at the time of applying for his approval of the transfer, or the registration of the transfer of the ownership of the land, as the case may be.


Plans to accompany application


17.-(1) Every application for a mining tenement shall be accompanied by a copy of, or tracing from, an official plan published by the Lands Department on the largest practical scale which shall show the following details:-


(a) the scale and plan reference number;


(b) the relative positions of the datum, corner and boundary posts with an outline of the boundaries;


(c) the true or magnetic bearing and distance of the datum post from some fixed point which is shown on such official plan and the true magnetic bearing and length of each boundary line;


(d) the approximate position of the chief local landmarks, and any other beacons or mining tenements in the neighbourhood;


(e) the topographical features in such a manner as will slow clearly the position of the boundary lines and permit of their being identified on the ground;


(f) in the case of a tracing, sufficient detail to enable the position to be marked accurately on another copy of the official plan from which the tracing is taken; and


(g) the name and signature of the applicant.


(2) On, or at any time after, the approval of an application for a mining tenement, the Director may require the holder to submit a more accurate plan and on receipt thereof may amend the description of the land the subject of the mining tenement to agree with such plan, and such amended description shall thereupon become the description of the land the subject of the mining tenement.


Agent may be called upon to produce authorisation


18. If an application for a mining tenement is lodged by an agent or person purporting to act on behalf of the applicant, the Director may require confirmation of the authority under which such agent or other person acts before accepting such application and proceeding with such notification and dealing as may be required.


Notice of application for mining tenement. Form 2


19. Upon receipt of an application for a mining tenement, the receiving officer at the Mines Department shall prepare a notice in quadruplicate in Form 2 and shall cause one copy thereof to be placed upon the notice-board at the office of the Mines Department at Suva and shall deliver the others to the applicant, who shall, as soon as possible after receipt thereof-


(a) cause one to them to be placed inside a receptacle attached to the datum post of the area applied for and kept intact and legible until such time as the application has been dealt with by the Director:


Provided that the requirements of this paragraph may be dispensed with by the Director or an inspector upon it being proved to his satisfaction that such area is situated in a remote and unoccupied locality; and


(b) publish the notice of application in the Gazette and in one newspaper published and circulating in Fiji.


Withdrawal of application for mining tenement. Form 3


20. An application for a mining tenement may be withdrawn by the applicant therefor at any time before it has been granted or refused by the Director by lodging a notice of withdrawal in duplicate with the Director in Form 3 or to like effect and, on acceptance by the Director of such withdrawal, all rents and fees paid by the applicant in respect of such application, less the filing fee, shall be refunded to him after deduction of the withdrawal fee.


Priority


21.-(1) An application for a prospecting licence, permit to mine or mining lease shall have priority of consideration over an application for a special site right or road access licence where the areas the subject of the applications overlap or cover the same piece of land.


(2) Subject to the provisions of paragraph (1)-


(a) where more than one person applies for a mining tenement in respect of the same piece of land, the person who, in the opinion of the Director, has first correctly marked out the area and first applied for such mining tenement over such land in accordance with the provisions of these Regulations shall have priority of consideration;


(b) where two or more applications in proper order in respect of the same piece of land are received simultaneously, the applicant who, in the opinion of the Director, first marked out the land shall have priority of consideration; and


(c) where it appears that two or more persons have simultaneously marked out the same land for a mining tenement in accordance with these Regulations or where the Director is unable to determine which applicant was the first to mark out the land, the Director shall decide which application shall have priority of consideration and his decision shall be final.


Director may require applicant to adjust boundaries after survey of contiguous land


22. Where the plan accompanying an application for a mining tenements shows that any of the boundaries of the area applied for are contiguous with any of the boundaries of another mining tenement which has not been surveyed, the Director may, upon completion of the survey of such other mining tenement, require the applicant for or holder of the tenement the subject of such application to move any of the beacons constituting the datum post, corner posts or boundary posts of the area the subject of such application and to adjust the boundary lines of such area so that such boundaries, as marked out, remain contiguous with the surveyed boundaries of such other mining tenement.


PART IV-PROSPECTOR'S RIGHTS


Application for a prospector's right. Form 4


23. Every application for a prospector's right shall be in writing in Form 4 or to like effect, addressed to the Director, and shall be accompanied by the fee prescribed in the Second Schedule, and shall set out in full the name of the applicant and his place of residence and occupation, together with his normal postal address and such other details as are stipulated in such form.


Form of a prospector's right. Form 5


24.-(1) Prospector's rights shall be prepared in duplicate in Form 5.


(2) Such forms shall be numbered in consecutive series from first to last and shall be bound in book form in such manner and numbers as may be convenient.


Period and post-dating of a prospector's right.


25.-(1) A prospector's right shall continue in force for one year from the date thereof, and shall not be renewable.


(2) At any time within thirty days before the expiration of a prospector's the holder thereof may apply to the Director for a new prospector's right to be dated as of the date of such expiration. Such application shall be accompanied by the ordinary fee payable for a prospector's right.


Prospector's right to be produced.


26. A prospector's right shall be produced whenever demanded by the owner or occupier of any land on which the holder thereof is prospecting, or by the Director, an inspector, authorised officer or police officer.


PART V-PROSPECTING LICENCES


Area and period for prospecting licence.


27.-(1) The area of land over which a prospecting licence may be granted shall be such as the Director thinks fit, but shall not exceed 400 ha.

(Amended by Legal Notice 95 of 1978.)


(2) The Director may grant more than one prospecting licence to any person but the aggregate of the areas of all prospecting licences held by one person shall not exceed 1,200 ha.

(Amended by Legal Notice 95 of 1978.)


(3) A prospecting licence may be granted for such period, not exceeding five years, as the Director thinks fit.


(4) Where the provisions of the Act and the conditions of the licence have been observed and performed to the satisfaction of the Director and on application being made therefor and the prescribed fees paid within thirty days immediately preceding the date of expiry of the licence, the holder of a prospecting licence shall be entitled to an extension thereof for such further periods as the Director may determine on the same conditions as are then generally applicable to new prospecting licences.


(5) Notwithstanding the provisions of paragraph (4), the Director may in his discretion grant an extension of a prospecting licence for such period as he may think fit upon receipt of an application therefor together with the prescribed fees at any time within fourteen days after the expiry of such licence.


Form of prospecting licence. Form 6


28. Prospecting licences shall be in Form 6 with such alterations as may be required to meet the circumstances of each particular case.


Full particulars of prospecting licences to be entered in Register of Prospecting Licences.


29. The full particulars of every prospecting licence granted, together with a copy of the description of the land the subject thereof as set out in the Schedule to the prospecting licence, shall be entered in the Register of Prospecting Licences, which particulars shall include-


(a) the name of the area (if any);


(b) the number of the prospecting licence;


(c) the date on which it was issued and the date of its expiry;


(d) the name of every holder;


(e) the shares held by each holder;


(f) all transfers, agreements and assignments;


(g) all suspensions granted under the provisions of regulation 30;


(h) all special site rights and road access licences attached thereto.


Conditions to which prospecting licences are to be subject.


30.-(1) Every prospecting licence shall, in addition to any special conditions contained therein, be deemed to be subject to the following conditions:-


(a) that the holder will vigorously and continuously prosecute prospecting operations on the land the subject thereof to the satisfaction of the Director; and


(b) that the holder will employ in the prospecting operations not less than one person, who in the opinion of the Director or an inspector, is qualified and competent to prospect, for every 200 ha or part thereof the subject of the tenement, and not less than one other workman for every 10 ha of such land:


Provided that-


(i) the Director may, on application in writing by the holder, suspend in whole or in part any of the obligations imposed by this sub-paragraph for such time as the Director may think fit; and


(ii) where machinery is used, the number of workmen employed may be reduced in the proportion of one workman for each horsepower of machinery used, but so that the number of workmen employed shall not be less than one-third of the number prescribed by this sub-paragraph.

(Amended by Legal Notice 95 of 1978.)


(2) The land the subject of a prospecting licence shall be deemed to be continuously worked if six hours' bona fide work per working day is performed thereon by the prescribed number of men for two hundred working days per annum:


Provided that involuntary cessation of work during the continuance of stress of weather, epidemics or strikes, shall not be deemed to be a breach of any of the conditions imposed by the provisions of paragraph (1).


Reports on prospecting operations Form 7


31. The holder of a prospecting licence shall within 14 days after the expiration of each period of 3 months from the date of issue thereof submit to the Director a report in Form 7 as to the nature and extent of the prospecting operations conducted upon the land the subject of such licence during such period of 3 months; and shall, if required by the Director, submit with such report true copies of any plans of survey made on or below the surface of the land and true copies of any engineering or geological reports relating to the area and any specimens of material obtained in the course of prospecting operations.


Special prospecting licences


32.-(1) An application for a special prospecting licence shall, in addition to complying with the provisions of regulations 16 and 17, be accompanied by-


(a) a statement of the approximate number of workmen the applicant guarantees to employ on continuous prospecting during the currency of the licence if the licence be granted; and


(b) a programme of prospecting work which the applicant undertakes to perform on the area applied for if the licence be granted and an estimate of the expenditure to be incurred in such work.


(2) Special prospecting licences shall be prepared in Form 6 with such alterations as may be required to meet the circumstances of each particular case, and shall be endorsed "Special".
(Form 6)


PART VI - PERMITS TO MINE AND MINING LEASES


Areas for permits to mine and mining leases


33.-(1) The area of land over which a permit to mine or mining lease may be granted shall be in the discretion of the Director but shall not, except with the prior approval of the Minister, exceed the following areas:-


(a) in the case of a permit or lease for precious minerals-40 ha; or


(b) in the case of a permit or lease for non-precious minerals-128 ha.

(Amended by Legal Notice 95 of 1978.)


(2) Every application for the grant of a permit to mine or mining lease over an area in excess of that specified in paragraph (1) shall be accompanied by a scheme in writing outlining the nature and extent of the proposed operations together with evidence to the satisfaction of the Director that the applicant has the working capital necessary to carry out such scheme.


Applications for permits to mine and mining leases


34.-(1) An applicant for a permit to mine or mining lease shall report fully to the Director the nature of the mineral deposit in respect of which such mining tenement is applied for and the Director may require the applicant to submit copies of assays and reports made by engineers, geologists or prospectors.


(2) The plan accompanying the application shall, in addition to the information required by the provisions of regulation 17, show all roads, paths, fences, buildings, crops or other improvements within the boundaries or within 30 m of the area applied for.

(Amended by Legal Notice 95 of 1978.)


(3) An applicant for a permit to mine or mining lease shall also state and describe in his application the area of surface which he desires to occupy and use.


(4) On receipt of an application therefor the Director may approve the grant of a permit to mine or mining lease or may require the applicant to continue prospecting operations.


Form of permit to mine. Form 8


35. Permits to mine shall be in Form 8 with such alterations as may be required to meet the circumstances of each particular case.


Full particulars of permits to mine to be entered in Register.


36. The full particulars of every permit to mine granted, together with a copy of the description of the land as set out in the Schedule to the permit to mine, shall be entered in the Register of Permits to Mine, which particulars shall include-


(a) the name of the mine;


(b) the number of the permit to mine;


(c) the date on which it was issued and the date of expiry;


(d) the name of every holder;


(e) the share held by each holder;


(f) all transfers, assignments and tribute agreements made;


(g) all exemptions granted or cancelled; and


(h) all special site rights and road access licences attached thereto.


Form of mining lease. Form 9


37. Mining leases shall be in Form 9 with such alterations as may be required to meet the circumstances of each particular case.


Execution of lease.


38. Every mining lease shall be executed by the lessee, if he be resident within Fiji, within a period of 60 days from the date of issue of the notice that the lease is ready for execution, or in the case of a lessee residing outside Fiji, within a period of 6 months from the date of issue of such notice. Failure on the part of the lessee to execute a lease within the prescribed period shall render the approval of the lease liable to cancellation.


Record to be kept of mining leases.


39. A book shall be kept at the Mines Department to be called the "Record of Mining Leases" in which shall be entered in relation to each mining lease-


(a) the name of the mine;


(b) the registered number of the lease;


(c) the date on which it was issued and the date of its expiry;


(d) the name of every lessee;


(e) the share which each lessee holds;


(f) all transfers, assignments, subleases and tribute agreements made;


(g) all exemptions granted or cancelled; and


(h) all special site rights and road access licences attached thereto:


Provided that any system of recording such information by cards shall be sufficient compliance with the provisions of this regulation.


Rights and conditions of permits to mine and mining leases.


40.-(1) A permit to mine or mining lease shall entitle the holder to work underground for the purpose of mining at a depth of not less than 15 m below the surface throughout the whole area the subject of such tenement and also to occupy and use for the purpose of mining or purposes ancillary thereto, such portion of the surface as may be allowed by the Director and specified in the tenement holder of a permit to mine or mining lease may, at any time, apply to the Director for an extension of the surface area which he may occupy and use. If the application is granted such extension shall be endorsed on the permit to mine or mining lease.

(Amended by Legal Notice 95 of 1978.)


(2) Every permit to mine and mining lease shall, in addition to any special conditions contained therein, be deemed to be subject to the following conditions:-


(a) that the holder shall commence mining operations on the land the subject thereof within 30 days after the issue of such permit or lease and thereafter vigorously and continuously prosecute mining operations thereon with reasonable diligence and skill to the satisfaction of the Director;


(b) that the holder shall at all times employ in such operations a minimum of one workman for every 4 ha or part thereof included in the tenement:


Provided that when machinery is used for mining purposes the number of workmen employed may be reduced in the proportion of one workman for each horsepower of machinery so used but so that the number of workmen employed shall not be less than one-third of the number prescribed by this sub-paragraph.

(Amended by Legal Notice 95 of 1978.)


(3) Mining operations on a permit to mine or mining lease shall be deem be continuous if 6 hours bona fide work per working day is performed there the prescribed number of workmen for 200 working days per annum:


Provided that involuntary cessation of work during the continuance of stress of weather, epidemics or strikes, shall not be deemed to be a breach of any of the conditions imposed by the provisions of this paragraph.


(4) For the purpose of compliance with the provisions of this regulation, mining operations shall be deemed to include, together with any exploration, development or exploitation carried out by workmen or tributers within the area, all work done in the construction, erection, operation and maintenance of machinery, or in preparations indispensable to the actual commencement of mining operations.


Director may order holder to stop mining operations


41.-(1) If the Director considers that mining operations on any permit to mine or mining lease are being carried out in an inefficient or unworkmanlike manner he may order the holder to stop mining operations and the holder shall thereupon stop all mining operations and submit to the Director a scheme of operations for future mining.


(2) If, on receipt of a scheme of operations submitted under the provisions of paragraph (1), the Director is satisfied that such scheme of operations will be adequate to ensure efficient and workmanlike mining operations, the Director may revoke the order to stop mining operations.


(3) In the event of a second or subsequent order to stop mining operations being issued to the same holder, the mining tenement concerned shall be liable to cancellation.


(4) All orders to stop mining operations shall be endorsed by the Director on the permit to mine or mining lease concerned.


Notice of commencement of mining operations Form 10


42. Before commencing any mining operations, or any new mining operations of which notice has not been given under the provisions of this paragraph, the holder of a permit to mine or mining lease shall serve a notice in Form 10 on the owner, occupier or lessee of all land which will be affected by such operations and, within 14 days of the service thereof, shall forward to the Director a copy of such notice endorsed with an affidavit of service of the same, duly completed and sworn by the person who effected such service.


Exemption from labour covenants


43.-(1) The holder of a permit to mine or mining lease may apply to the Director for exemption from compliance with any of the provisions of regulation 40 for a period not exceeding 3 years.


Form 11


(2) Every application made under the provisions of this regulation shall be in Form 11 and accompanied by the fee prescribed in the Second Schedule, and shall state the grounds upon which it is made.


(3) Upon receipt of an application made under the provisions of this regulation, the Director may, if satisfied that any of the grounds specified in regulation 44 exist, grant the exemption applied for upon such conditions as he thinks fit or, if no so satisfied, may refuse the application.


Form 12


(4) Every exemption granted under the provisions of his regulation shall be in Form 12.


(5) Failure on the part of the holder to observe any conditions of any exemption granted under the provisions of this regulation shall render such exemption liable to cancellation.


Grounds for exemption


44. The grounds upon which exemption may be granted under the provisions of regulation 43 are as follows:-


(a) lack of capital, after a fair sum shall have been expended on the mine in work, labour or materials; or


(b) time is required for the erection of machinery; or


(c) influx of water into the mine or scarcity of water in the vicinity of the mine; or


(d) scarcity of labour; or


(e) collapse of the working shaft or other main working place in the mine; or


(f) the mine is, for some other cause, temporarily unworkable; or


(g) the death of the holder or one of the several joint holders; or


(h) absence of the holder or manager for some sufficient reason from the locality or his inability by reason of sickness or other sufficient cause, to work the mine; or


(i) the title to the mine is in dispute; or


(j) bankruptcy proceedings are pending; or


(k) the holder of several adjacent mines desires to concentrate the labour complement of such mines on one or more of them; or


(l) the purchase price of a mineral in Fiji is so low that the working by an efficient miner of the mine producing such mineral is uneconomic.


Resumption of work during currency of exemption.


45. When exemption has been granted in respect of any permit to mine or mining lease under the provisions of regulation 43, the resumption or performance of any work during the currency of such exemption shall not be deemed to cancel the exemption.


Keeping inspection and verification of accounts.


46.-(1) The holder of every permit to mine and mining lease shall keep to the satisfaction of the Director, full, rue and proper accounts, account books, receipts, vouchers and other documents verifying the accounts and account books, and showing the nature and extent of the operations carried on upon and in respect of such tenement and the mining thereon. In the even of the failure or neglect of the holder to keep to the satisfaction of the Director the accounts, account books, receipts, vouchers and other documents as above mentioned, the tenement concerned shall be liable to cancellation.


(2) Any person authorised for that purpose by the Director shall at any time have access to the books and account of any such mining tenement and may examine the same for the purpose of checking if the terms of the tenement have been complied with and ascertaining the amount of royalty payable in respect of the minerals obtained from such mining tenement.


(3) The person so authorised as aforesaid may make copies of any entries or matters contained in the said books and accounts, and on completion of his examination shall report to the Director.


(4) Any person so authorised as aforesaid who shall reveal any information so obtained by him, except to his official superiors in the course of his duties, or under the authority of a court of competent jurisdiction, shall be guilty of an offence and liable to a fine not exceeding $100.


(5) Any person who obstructs any person carrying out an examination required under the provisions of this regulation, or who without lawful excuse refuses or neglects to produce any book under his control, or to answer any question asked in the course of such examination, shall be guilty of an offence and liable to a fine no exceeding $100.


Monthly report on mining operations. Form 13


47. Every holder of a permit to mine or mining lease shall not later than the fourteenth day of every month submit to the Director a report in Form 13 which shall show the amount of minerals obtained therefrom during the preceding month and the estimated value thereof together with the other information required by such form.


Yearly report by mine holder. Form 14


48. Every holder of a permit to mine or mining lease shall, not later than 31 January in each year, submit to the Director a report in Form 14, under the hand of the holder, agent, company manager or secretary setting forth in respect of such permit or lease the particulars mentioned in such form for the preceding year.


Special mining leases


49.-(1) An application for a special mining lease shall, in addition to complying with the provisions of regulations 16 and 17, be accompanied by-


(a) a statement of the terms required for such special mining lease and the reasons, supported by documentary evidence, why such terms should be granted; and


(b) a programme of work which the applicant undertakes to perform on the area applied for if the lease be granted and an estimate of the cost of such work.


Form 9


(2) Special mining leases shall be prepared in Form 9, with such alterations as may be required to meet the circumstances of each particular case, and shall be endorsed "Special".


PART VII - SPECIAL SITE RIGHTS


Areas for special site rights


50.-(1) The area of land over which a special site right may be granted shall be in the discretion of the Director but shall not, except with the prior approval of the Minister, exceed the following areas:-


(a) for a water right - sufficient area to include the dam, reservoir and pumping station;


(b) for a passageway right - an area being the shortest reasonable distance between the start and finish of the passageway in length and not less than 5m nor more than 10m in width;


(c) for a general site right - 10ha.


Every application for the grant of a special site right over an area in excess of any of those specified in this regulation shall be accompanied by a scheme in writing outlining the nature and extent of the proposed usage together with evidence to the satisfaction of the Director that the applicant has the working capital necessary to carry out such scheme.

(Amended by Legal No ice 112 of 1970; 95 of 1978.)


(2) No special sit right shall be granted over any area which, in the opinion of the Director, is required for mining purposes or which would interfere prejudicially with mining operations.


Purpose of special site rights


51. A special site right shall entitle the holder hereof to the exclusive occupation of the surface of the land comprised therein for the following purposes:-


(a) in the case of a water right, to divert such maximum quantity of water as may be specified therein and to erect such works at the point of intake as may be necessary for the purpose of diverting such water;


(b) in the case of a passageway right, to cut a race or lay pipes on or beneath the surface for the conveyance or distribution of water, oil, air or any other substances for mining purposes, or to construct a tramway or aerial ropeway or conveyor belt to facilitate the transport of materials and the products of mining operations;


(c) in the case of a general site right, to use the site for such of the following purposes as may be specified therein:-


(i) the erection of machinery;


(ii) the disposal of earth and tailings;


(iii) the treatment of ore or minerals;


(iv) the erection of plan and furnaces;


(v) stockpiling the products of mining;


(vi) the erection of loading and shipping facilities;


(vii) otherwise as is specified in such right.


Application for special site right.


52. The plan accompanying an application for a special site right shall, in addition to the information required by the provisions of regulation 17, show the following details:-


(a) all roads, paths, fences, buildings, crops or other improvements within the boundaries or within 30m of the area applied for;


(b) in the case of a water right, the proposed point of diversion proposed site of any dam, reservoir or pumping station;


(c) in the case of a passageway right , the position of all proposed trestles, bridges, culverts or works or appurtenances;


(d) in the case of a general site right, the position of all proposed buildings, roads, dumps, dams or works.

(Amended by Legal Notice 95 of 1978.)


Form of special site right


53. Special site rights shall be in Form 15 with such alterations as may be required to meet the circumstances of each particular case.
(Form 15)


Special site rights to be held in connection with mining tenement only


54.-(1) On the issue of a special site right the Director shall enter, or cause to be entered, a memorial thereof on the mining tenement to which such special site right is attached.


(2) On the transfer of the mining tenement to which a special site right is attached the special site right shall also be transferred to the transferee of such mining tenement:


Provided that, with the written consent of the transferee, the transferor of any mining tenement may apply to the Director for the cancellation of any special site right attached thereto and on payment of the prescribed fees may re-apply for the special site right to be attached to any other mining tenement held by him in the same vicinity.


(3) The Director shall not approve the transfer of a special site right unless the mining tenement to which it is attached is also transferred to the transferee of the special site right.


(4) At anytime prior to the abandonment, forfeiture, cancellation or surrender of a mining tenement, the holder thereof may apply to the Director for the cancellation of any special site right attached thereto and, on payment of the prescribed fees, may re-apply for such special site right to be attached to any other mining tenement held by him in the same vicinity.


Record to be kept of special site rights


55. A book shall be kept at the Mines Department to be called the "Record of Special Site Rights" in which shall be entered in relation to each special site right -


(a) the number of the mining tenement, to which such special site right is attached;


(b) the registered number of the special site right;


(c) the purpose for which it was issued;


(d) the date on which it was issued and the date of expiry;


(e) the names of the holders;


(f) the share which each person holds; and


(g) all transfers, assignments, subleases and other dealings herein.


Water right not required for water within a mining tenement, limitation of height of dam


56. The holder of a mining tenement may diver or impounded water for prospecting or mining purposes without obtaining a water right:


Provided that -


(a) the diverted water is returned to its original channel and that the points of intake and return of the diverted water both lie within the area the subject of the mining tenement and that both the original water-course between such points of intake and return and the water-race to which the water is diverted lie wholly within such area; and


(b) any dam constructed for the impounding of water on a mining tenement shall be only of such height and at such a distance from the boundary as in no way to interfere with the natural level of the stream above such boundary to the injury of any landowner or the holder of any other mining tenement.


Bridges


57. Where a water-race is constructed within a passageway right, bridges shall be constructed and maintained by the holder of the right to the satisfaction of the Director or an inspector at all points where the water-race crosses any roads or paths.


Right of holder of passageway right


58.-(1) The intervention of a mining tenement on the line of route of a proposed passageway shall not debar the grant of a passageway right through or across such intervening mining tenement; and the holder of such passageway right shall be entitled to cut his race or drain or lay his water or other pipe or construct his tramway or aerial ropeway or conveyor belt through such intervening mining tenement or over or under any race, fence, drain, pipe, road or tramway:


Provided that if injury is done to such mining tenement, race, fence, drain, pipe, road or tramway and is not promptly made good by or at the expense of the holder of such passageway right, compensation shall be determined in accordance with the provisions of section 40 of the Act.


(2) The original line of a passageway may, with the permission of the Director, be altered or deviated from provided that -


(a) no substantial interference or injury is caused to the holder of any prior mining tenement;


(b) the Director may in his discretion require a survey of such deviation; and


(c) such deviation shall be noted on the passageway right.


Unlawful use or pollution of water


59. Any person who-


(a) takes water from any race, pipe, dam or reservoir without the consent of the holder of any special site right relating thereto; or


(b) permits sludge or other noxious mater to flow into or otherwise pollute the water therein; or


(c) injures the banks of a race, dam or reservoir, or the works connected therewith, shall be guilty of an offence and liable to a fine not exceeding $100.


Erection of machinery or furnaces


60.-(1) The holder of a special site right shall commence the erection of machinery, furnaces or other works thereon within a period of 12 months from the date of commencement of the right.


(2) If the holder of a special site right desires to obtain an extension of the time within which he must commence the erection of machinery, furnaces or other works, he shall make application to the Director, and, upon payment of the exemption fee prescribed in the Second Schedule, the Director may grant such extension of time for any period not exceeding 6 months. Every such extension shall be noted on the special site right.


Period of special site right


61.-(1) The period for which a special site right may be granted shall be in the discretion of the Director, but shall not exceed the period for which the mining tenement to which the special site right is attached has been granted or extended.


(2) At the expiration of the period originally granted, on one month's notice being given to the Director and on payment of the fee prescribed in the Second Schedule, a special site right may be extended for a further period which shall not exceed the period for which the mining tenement to which such special site right is attached has been granted or extended and provided that the right is not at that time liable to cancellation. The conditions of any such extension shall be such as are then generally applicable to new special site rights.


Resumption of areas


62. The Director may, with the approval of the Minister and upon payment of compensation to the holder, cancel a special site right in respect of any part of the land the subject of the right when such land is required for public or mining purposes.


PART VIII - ROAD ACCESS LICENCES


Area for road access licence


63. The area of land over which a road access licence may be granted shall be in the discretion of the Director:


Provided that the course of the road shall follow the shortest reasonable distance from a public road or from a road held under any other road access licence to the boundary of the mining tenement, and the width of the land the subject of such licence shall be not less than 4.5m nor more than 20m.

(Amended by Legal Notice 95 of 1978.)


Purpose of road access licence


64. A road access licence shall entitle the holder thereof to construct a road on the land the subject of the licence for the purpose of obtaining access to the mining tenement to which the road access licence is attached.


Application for road access licence


65. The plan accompanying an application for a road access licence shall, in addition to the information required by the provisions of regulation 17, show the following details:-


(a) the position of the proposed road from a public road or other road to the point of entry to the mining tenement;


(b) all roads, paths, fences, buildings, crops or other improvements within the boundaries or within 30m of the area applied for;


(c) all native villages and other settlements along or near to the proposed road; and


(d) the position of all proposed trestles, bridges, culverts, gates or cattle-stops.

(Amended by Legal Notice 95 of 1978.)


Form of road access licence


66. Road access licences shall be in Form 16, with such alterations as may be required to meet the circumstances of each particular case.
(Form 16)


Road access licence to be held in connection with mining tenement only


67.-(1) On the issue of a road access licence, the Director shall enter, or cause to be entered, a memorial thereof on the mining tenement to which such road access licence is attached.


(2) On the transfer of the mining tenement to which a road access licence is attached, the road access licence shall also be transferred to the transferee of such mining tenement:


Provided that, with the written consent of the transferee, the transferor of any mining tenement may apply to the Director for the cancellation of any road access licence attached thereto and on payment of the prescribed fees may re-apply for the road access licence to be attached to any other mining tenement held by him in the same vicinity.


(3) The Director shall not approve the transfer of a road access licence unless the mining tenement to which it is attached is also transferred to the transferee of the road access licence.


(4) At any time prior to the abandonment, forfeiture, cancellation or surrender of a mining tenement, the holder thereof may apply to the Director for the cancellation of any road access licence attached thereto, and on payment of the prescribed fees may re-apply for such road access licence to be attached to any other mining tenement held by him in the same vicinity.


Record to be kept of road access licences


68. A book shall be kept at the Mines Department to be called the "Record of Road Access Licences" in which shall be entered in relation to each road access licence-


(a) the number of the mining tenement to which such road access licence is attached;


(b) the registered number of the road access licence;


(c) the date on which it was issued and the date of expiry;


(d) the names of the holders;


(e) the share which each person holds; and


(f) all transfers, assignments, subleases and other dealings herein.


Rights of holder of road access licence


69.-(1) The intervention of a mining tenement on the line of route of a proposed road shall not debar the grant of a road access licence through or across such intervening mining tenement; and the holder of such road access licence shall be entitled to construct this road through any intervening mining tenement or over or across any race, fence, drain, pipe, road or tramway:


Provided that -


(a) if injury is done to such mining tenement , race, fence, drain, pipe, road or tramway and is no promptly made good by or at the expense of the holder of such road access licence, compensation shall be determined in accordance with the provisions of section 40 of the Act;


(b) where such road passes through any fence, a good and substantial gate shall be provided in the fence or a satisfactory cattle-stop shall be constructed to prevent stock enclosed by the fence from escaping.


(2) The original line of the road may, with the Director's permission, be altered or deviated from:


Provided that -


(a) no substantial interference or injury is caused to the holder of any prior mining tenement;


(b) the Director may require a survey of such deviation; and


(c) such deviation shall be noted on the road access licence.


Construction of road


70. The holder of a road access licence shall commence the construction of a road thereon within a period of 3 months from the date of issue of the licence.


Period of road access licence


71.-(1) The period for which a road access licence may be granted shall be in the discretion of the Director, but shall not exceed the period for which the mining tenement to which such road access licence is attached has been granted or extended.


(2) At the expiration of the period originally granted, on one month's notice being given to the Director and on payment of the fee prescribed in the Second Schedule, a road access licence may be extended for a further period which shall not exceed the period for which the mining tenement to which such road access licence is attached has been granted or extended and provided that the licence is not at the time liable to cancellation. The conditions of such extension shall be such as are then generally applicable to new road access licences.


Resumption of areas


72. The Director may, with the approval of the Minister and upon payment of compensation to the holder, cancel a road access licence in respect of any part of the land the subject of the licence when such land is required for public or mining purposes.


PART IX - SURVEYS AND PLANS OF MINING TENEMENTS


Survey of mining tenements


73. If any question or dispute arises as to the actual land comprised in any application for a mining tenement or in any unsurveyed mining tenement, the Director may direct such survey as he deems necessary to be made either by the applicants or holders or at their expense.


General rules for surveys


74. The following general rules shall apply with respect to surveys required by or under the provisions of the Act:-


(a) the datum post and corner posts of the land to be surveyed shall be marked by survey marks consisting of concrete pegs 600mm in length, or galvanized iron piping not less than 12.5mm internal diameter and 600mm in length, sunk 500mm into the ground;


(b) subsidiary angles and intermediate points on the boundary lines shall be marked by galvanized iron piping not less than 12.5mm internal diameter and 600mm in length, sunk 500mm into the ground;


(c) the survey marks' at the datum post and corner posts shall be connected by bearings and distance to a broad-arrow mark 75mm long chiselled on a suitable nearby tree in the manner specified in the Surveyors Regulations, and beneath such broad-arrow mark the surveyor shall chisel the appropriate letters and figures, 75mm long, as are specified in those Regulations;


(d) topographical features of the land surveyed shall be shown on all survey plans of mining tenements;


(e) if the land required to be surveyed is wholly or partially included in alienated land, the surveyor shall connect his survey with the existing survey of such alienated land and, if the boundary of such alienated land crosses the boundary of the land being surveyed, the surveyor shall define and mark the points of interception of such boundaries and show the same upon his plan;


(f) any crops, fences, buildings or other improvements found to be within the boundaries of or within 30m of any land surveyed under the provisions of these Regulations shall be shown upon the survey plan, and the surveyor's report shall specify the nature and state of such improvements that lie within the land surveyed;


(g) if the whole or any part of the land to be surveyed is under growing crops, the surveyor shall avoid doing any damage to such crops. No boundary line shall be cleared through growing crops except with the consent of the owner thereof, but if any survey mark situated within the planted area can be marked without causing damage, it shall be so marked;


(h) in the even of the surveyor being unable to establish a survey mark on the boundary line without causing damage, a reference mark shall be established as near to the true boundary as is reasonably possible, and the surveyor shall show upon this plan all necessary information to enable the correct boundary to be established if and when required.

(Amended by Legal No ice 95 of 1978.)


Survey marks to be protected by holder of tenement


75.-(1) The holder of any mining tenement, the boundaries of which have been surveyed, shall maintain and protect the survey marks from loss or damage and shall keep such marks and this boundary lines reasonably clear of bushes, reeds, vines or other undergrowth in sufficient degree so as to enable such survey marks and boundary lines to be readily found and followed at anytime.


(2) No post, peg or other survey mark established by a surveyor shall be moved, replaced or otherwise interfered with, by any person other than a registered surveyor, and, in the even of any survey mark being moved, replaced or otherwise interfered with in contravention of the provisions of this paragraph, the holder of the mining tenement to which such survey mark relates shall be liable, in addition to any penalty imposed under the provisions of this Ac or of the Surveyors Act, to pay the cost of re-establishing, by survey, such survey mark.
(Cap. 260.)


Plans of mines to be kept


76.-(1) The holder of every permit to mine, mining lease or special mining lease in which 10 or more men are ordinarily employed in mining operations, or if the Director so directs, upon which any less number of men are so employed, shall keep at the mine office accurate plans made from actual surveys by a surveyor, mining engineer or mine manager showing the workings and such other information as is required under the provisions of regulation 77.


Such plans shall be revised at intervals of not less than 3 months.


(2) All plans kept under the provisions of paragraph (1) shall be produced to an inspector or authorised officer on demand, and the holder shall, if so requested by the inspector or authorised officer, mark or cause to be marked on such plans, within a reasonable time after such request, the progress of the workings of the mine since the time of last revision, and allow such inspector or authorised officer to examine and take a copy thereof.


(3) In the month of March of every year the holder shall send to the Director true copies of all plans required to be kept under the provisions of this regulation showing the workings up to the end of the preceding calendar year.


(4) Every such copy shall be filed by the Director and no copy or tracing thereof shall be furnished to, nor information in relation thereto given to, nor shall any such plans or tracings be open to inspection by, any person other than the Director, an inspector or an authorised officer, except with the prior consent of the holder of the mining tenement to which they relate, or by order of the Director.


(5) If any officer, without such consent or order, furnishes to any person, or allows any person to inspect, any such plan or copy or tracing of any such plan, or gives any information in relation thereto, he shall be guilty of an offence and liable to a fine not exceeding $100.


(6) Any holder of a mining tenement who -


(a) fails to keep any plans required to be kept under the provisions of this regulation, or fails to send copies of such plans to the Director in accordance with the provisions of paragraph (3); or


(b) refuses to produce any such plans to an inspector or authorised officer on demand or to comply with any request made by an inspector or authorised officer under the provisions of paragraph (2),


shall be guilty of an offence and liable to a fine not exceeding $200.


(7) If the Director has reason to believe that any plan required to be kept under the provisions of this regulation is inaccurate or incomplete, he may cause a check survey to be made, and if such plan is proved to be inaccurate or incomplete in any material respect, the holder of the mining tenement to which such plan relates, shall pay the costs of such check survey and all expenses incurred in connection therewith, and such costs and expenses shall be recoverable as a debt due to the Director.


Information to be shown on plans


77. All plans required to be kept under the provisions of regulation 76 shall include-


(a) a plan of the mining tenement showing the boundaries of all mining tenements worked in association therewith by the same holder in one mine and the position of all buildings, shafts, opencast workings, openings from the surface to underground workings and other improvements erected, effected or made by the holder on such mining tenements;


(b) a general plan of all underground workings to a scale not greater than 1:240 and not less than 1:720. If the lower levels cannot be so shown clearly, owing to those at higher levels being super-imposed, there shall also be furnished such plans of each level, or of successive groups of levels, as are sufficient to show clearly the workings in each level;


(c) if required by an inspector or authorised officer, longitudinal sections, to the same scale as the plans of the workings, showing all stopping and sufficient cross-sections to the same scale as to show clearly all lodes and workings;


(d) an assay plan corrected at least once in every 3 months showing on vertical and horizontal projections of the mine workings the position and values of all samples assayed during the course of such workings.

(Amended by Legal Notice 95 of 1978.)


Plans, etc., of abandoned mine required


78.-(1) Before a mine or any part of a mine is closed down or abandoned or rendered inaccessible, all plans required to be kept under the provisions of these Regulations shall be brought up to date and, within 3 months after the closing down or abandonment of such mine, copies of all such plans together with all calculation books and survey note-books kept by the holder of the mining tenement or tenements concerned shall be sent by such holder to the Director and shall become the property of Government.


(2) All the information contained in any plans or records required to be sent to the Director under the provisions of paragraph (1) shall become the property of Government which shall have the right to publish or otherwise use such information in any manner that it sees fit.


(3) Any holder of a mining tenement who fails to comply with the provisions of paragraph (1) shall be guilty of an offence and liable to a fine not exceeding $100.


PART X - GENERAL PROVISIONS


Grant, etc., of prospector's rights and mining tenements to be gazetted


79. Within the first week of every month the Director shall cause a list of all prospector's rights granted, cancelled or which expired, and all mining tenements granted, renewed, cancelled or surrendered, or which expired, during the preceding month to be posted on a notice-board at the Mines Department and published in the Gazette.


Export of minerals


80.-(1) Before delivering any minerals on board a vessel or aircraft for export the intending exporter shall notify the Director of the quantity and value thereof, the mining tenement from which they were obtained, the port or airport from which they are to be exported and the place to which they are to be exported.


(2) On receipt of such notification and on being satisfied that all royalties payable on such minerals have been paid or secured to his satisfaction or that no royalties are payable thereon, the Director shall issue to the exporter a mineral export licence in Form 17 duly endorsed with the appropriate certificate as to royalties as required under the provisions of regulation 8, and shall send a copy of such licence to the Collector of Customs at the port or airport from which such minerals are to be exported.
(Form 17)


Particulars of boring operations to be supplied


81.-(1) Every holder of every mining tenement who in the exercise of his rights thereunder proposes to putdown a bore hole or drill hole for the purpose of any mineral survey or to extend any such existing bore hole or drill hole shall, before commencing the work, notify the Director of his intention and shall furnish particulars of the location of such bore hole or drill hole, and shall also, either before or after commencing the work, furnish such additional particulars as may be required by the Director.


(2) Where in the course of drilling a bore hole or drill hole to which this regulation applies a core is obtained, the core, other than material therefrom required for purposes of assay, shall be labelled in such manner that its origin may be readily determined and shall be preserved for a least three months after the completion of the bore hole or such longer period as the Director may in any case specify. If no core is obtained, samples of the material obtained in drilling shall be taken, labelled and preserved as aforesaid:


Provided that-


(a) no samples need be kept where the bore hole is sunk in surface gravel or alluvial ground; and


(b) before disposing of any such core or samples, a least one month's notice shall be given by the holder of the mining tenement to the Director.


(3) Cores and samples preserved as aforesaid shall at all times be available for examination by an inspector or authorised officer and specimens may be taken for purposes of assay or other treatment, but no information obtained as a result of such examination or treatment shall, while the mining tenement remains in force, be made public without the consent of the holder thereof.


(4) Reports upon the progress of drilling operations shall be forwarded in Form 18 to the Director at the expiration of each week of such operations.
(Form 18)


Pollution of water


82.-(1) Any person who, in the course of prospecting or mining operations, except under the authority of a permit in writing issued under the provisions of paragraph (2), causes or permits the deposit or discharge of any rubbish, dirt, filth or debris or any waste water from any sink, sewer or drain or other dirty water or any chemical or other substance deleterious to animal or vegetable life, or any other noxious mater or thing, into any watercourse shall be guilty of an offence, and shall be liable to a fine not exceeding $100.


(2) The Director may on the application of the holder of any mining tenement grant a permit in writing authorising such holder to deposit or discharge sludge, tailings or other mining debris into any watercourse at such times and in such places and subject to such conditions as the Director thinks fit.


(3) In granting any permit under the provisions of paragraph (2), the Director may, in addition to any other conditions which he may think fit to impose, require the holder of such mining tenement to provide at his own expense an alternative water supply, to the satisfaction of the Director to any person whose water supply may, in the opinion of the Director, be adversely affected by the deposit or discharge of any sludge, tailings or other mining debris into any watercourse under the authority of such permit.


Tribute agreements


83.-(1) The holder of any mining tenement may, subject to the approval of the Director, enter into a tribute agreement for the working of the whole or any portion of such tenement.


(2) Every tribute agreement shall be in writing in triplicate, signed by or on behalf of the holder of the mining tenement to which it relates and by every tributer thereunder, and shall, within 28 days after its execution, be lodged together with the fee prescribed in the Second Schedule, at the office of the Director for his approval and, if approved, for registration.


(3) The Director may refuse to approve any tribute agreement if, in his opinion, any of the terms or conditions thereof are unreasonable, and shall refuse such approval unless satisfied that -


(a) it is for a period of not less than 3 months;


(b) it is in respect of a specified and defined area of land;


(c) all of the terms and conditions thereof and on which any tributer thereunder may use any of the mining plan, machinery, tools and supplies of the holder of the mining tenement to which such agreement relates, are set out fully in such agreement; and


(d) such agreement is subject to cancellation on any breach by any of the parties thereto of any of the terms or conditions thereof.


(4) Not withstanding any provision to the contrary contained in any tribute agreement, the holder of the mining tenement to which any such agreement relates shall remain liable for the fulfilment of all obligations imposed on him by or under the provisions of the Act.


Names and addresses of all holders of a mining tenement to be supplied


84. No mining tenement shall be granted in the name of any firm, syndicate or partnership unless the names and addresses of all of the members thereof are submitted to the Director in writing signed by each of such members or his registered attorney, and each of such members shall, for all purposes, be deemed to be the holder of such mining tenement and shall be subject to all of the obligations imposed on the holder thereof by or under the provisions of the Act.


Service and delivery of notices and process


85. Any notice or process required under the provisions of these Regulations to be served on or delivered to any person shall be deemed to have been sufficiently served on or delivered to such person if delivered to him personally or if sent to him by pre-paid registered post to this last known place of residence or business within Fiji.


Powers of attorney


86.-(1) Every holder of a mining tenement who is not resident in Fiji, or, if a company, has its principal place of business outside Fiji, shall, by executing a power of attorney in Form 19, appoint, and shall at all times have resident in Fiji, an attorney with full powers to act on behalf of such holder in respect of all maters relating to such tenement.
(Form 19)


(2) A duplicate and a certified copy of every such power of attorney shall be lodged with the Registrar of titles and the certified copy shall be deposited with the Director, accompanied by the fee prescribed in the Second Schedule, and the Director shall cause particulars thereof to be entered in a book to be kept for that purpose and to be called the Register of Powers of Attorney.

(Substituted by Legal Notice 135 of 1968.)


(3) A power of attorney may be revoked by the donor at any time by the endorsement of the words "his power of attorney is thereby revoked" on the original of such power of attorney with the date of such revocation, and such endorsement shall be signed by the donor and attested by a witness, and on presentation to him of the original so endorsed the Director shall cause a memorial to that effect to be entered in the Register of Powers of Attorney and shall cause a like memorandum to be entered on the copy of such power of attorney deposited with him.

(Amended by Legal Notice 135 of 1968.)


Transfers and other dealings


87.-(1) Applications for the approval of the Director to any transfer or other dealing with a mining tenement shall be made to the Director in Form 20 and shall be accompanied by the fee prescribed in the Second Schedule.
(Form 20)


(2) Every transfer of a mining tenement or any testate or interest therein shall be in Form 21 with such alterations as may be required to meet the circumstances of each particular case. (Form 21)


Surrender of mining tenements


88. Notice of intention to surrender a mining tenement shall be in Form 22 with such alterations as may be required to meet the circumstances of each particular case, accompanied by the fee prescribed in the Second Schedule, and shall be submitted in duplicate to the Director not less than one month before the date upon which such surrender is intended to take effect.
(Form 22)


Action to be taken on termination of mining tenement


89.-(1) If a mining tenement expires or is cancelled, terminated, abandoned or surrendered, or if an application for a mining tenement is withdrawn, the holder or applicant, as the case may be, shall -


(a) remove all beacons marking out the land;


(b) fill up all directional trenches;


(c) fill up or render safe all holes made; and


(d) repair any other damage done to the surface of the land or pay compensation therefor in accordance with the provisions of section 40 of the Act.


(2) Within 30 days after expiry, cancellation, termination or abandonment of a mining tenement or within 30 days after giving notice of surrender of a mining tenement or withdrawal of an application for a mining tenement the holder or applicant as the case may be shall furnish to the Director a certificate in Form 23.
(Form 23)


(3) Before refunding any fees, rents, deposits or any other moneys due to the holder of or applicant for a mining tenement and before accepting a surrender or withdrawal of a mining tenement the Director shall satisfy himself that the provisions of paragraph (1) have been complied with and in the event of non-compliance therewith the Director may recover the cost of removal of beacons, filling up trenches and restoration of land from such holder or applicant.

(Regulation amended by Regulations 31 January 1967.)


Filling up or securing excavations


90.-(1) The following requirements, to the satisfaction of an inspector, shall apply to all excavations which any person is required under the provisions of the Act to fill up or secure in a permanent manner:-


(a) all prospecting pits and trenches shall be filled up;


(b) all shafts shall be filled up or shall be surrounded by dry stone walls or substantial fences of a height adequate to secure the safety of persons and livestock;


(c) all steep faces in alluvial or detrital workings shall be broken down sufficiently to be safe;


(d) all water furrows shall be filled up;


(e) all steep faces in rock shall be surrounded by dry stone walls or substantial fences.


(2) If, upon the termination or abandonment for any reason whatsoever of a mining tenement, the holder is in default of payment of any rents, fees, royalties or other payments and continues in such default for a period of 30 days, it shall be lawful for the Director to sell some or all of the plan, buildings or other fixtures of the holder situated on the land the subject of the mining tenement and to deduct from the proceeds of any such sale all amounts remaining due and unpaid to the Director at the date of such sale together with all costs, charges and expenses incurred in such sale and thereafter to pay the remainder, if any, of the proceeds of such sale to such holder.


Right to remove fixtures


91.-(1) Upon the termination or abandonment for any reason whatsoever of a mining tenement the holder may, if he has paid all rents, fees, royalties and other payments required to be made by him under the provisions of the Act or these Regulations or under the terms of this tenement, at any time within 120 days after the date of such termination or abandonment, remove all of his plant, buildings or other fixtures thereon, but shall not remove or interfere with any timber in any mine.


(2) If any such plant, buildings or other fixtures are not removed within such time as aforesaid or within such extended time as the Director may allow, they shall be deemed to have been abandoned by such holder and to have become the property of the Government to be dealt with or disposed of in such manner as the Director thinks fit:


Provided that the provisions of this paragraph shall not apply in any case in which the holder or any of the holders of such mining tenement is also the owner of the land upon which such plan, buildings or other fixtures are erected.


Duplicate copies of documents lost or destroyed


92. For the purposes of the issue of duplicate copies of lost or destroyed documents relating to any mining tenement the following provisions shall apply:-


(a) the application for the duplicate copy shall state the full particulars of the lost or destroyed document and shall be accompanied by a statutory declaration by the applicant stating the facts of the case to the best of his knowledge and belief;


(b) before issuing a duplicate copy the Director shall require the applicant to give at least 14 days' notice in the Gazette and in one newspaper published and circulating in Fiji of his application;


(c) the Director shall, if satisfied with the proof of the loss of a prospector's right, prospecting licence, permit, certificate, or other document not affecting a mining lease, special site right or road access licence, issue to the applicant a copy of such document;


(d) the copy shall be a true copy of the original and shall bear the following endorsement:-


"Duplicate copy, issued this

day of
, 19
, in lieu of

the original which has been lost (or destroyed).

Director of Mines";


(e) the applicant shall pay for each duplicated copy of any lost or destroyed document the fee prescribed in the Second Schedule.


Certified true copies of documents


93. An applicant for a certified true copy of any document filed with the Director shall state in his application the purpose for which such copy is required, and if satisfied that the applicant has a reasonable need for the certified copy, the Director shall, upon payment by the applicant of the fee prescribed in the Second Schedule, issue to such applicant a copy of such document which shall be a true copy of the original and shall bear the following endorsement:-


"Certified true copy, issued this .......... day of ............,19......


Director of Mines".


False representation


94. Any person who, by any false representation, fraudulent concealment of fact or collusion, obtains any mining tenement or any interest therein whether by way of grant, transfer or otherwise, or who by any such means obtains exemption from any of the provisions of the Act or these Regulations shall be liable to forfeit this interest in such mining tenement.


PART XI-SAFETY OF MINES


Division 1-General


Interpretation


95. In this Part, unless the context otherwise requires-


"adit" means an artificial pit or hole of an inclination not more than 3 degrees from the horizontal;


"braceman" means a person who is appointed by the manager to be stationed at the shaft top to supervise the loading and unloading of men and materials in a shaft conveyance and to give the necessary signals to the hoist driver and cageman;


"breaking load" means the breaking load as shown in the test certificate most recently issued for a rope;


"cageman" means a person appointed by the manager to have charge underground of a shaft conveyance and to give the necessary signals to the hoist driver and braceman;


"factor of safety" means the number of times the breaking load is greater than the total weight supported by a rope;


"length of lay" means the distance between the point where a strand in a rope commences a twist and the point where the strand completes that twist;


"magazine" means a magazine for the storage of explosives;


"manager", unless otherwise specified, means the person registered under the provisions of these Regulations as responsible for the control, management and direction of a mine or works, or failing such registration, the agent appointed under the provisions of section 14 or 15 of the Act, or failing such appointment the holder of the mining tenement within the boundaries of which mining or prospecting operations are being carried on;


"maximum allowable weight" means the maximum weight which may be supported by a rope without the fact or of safety being reduced below the prescribed value;


"mine" except in regulations 104 and 105 includes prospecting operations;


"mine foreman" means the person in charge of the workings of a mine and acting under the direction of the manager;


"original test certificate" means a certificate issued by the manufacturer of a rope stating the following:-


(a) name and address of manufacturer;


(b) manufacturer's number;


(c) date of manufacture;


(d) diameter or circumference;


(e) length;


(f) number of strands;


(g) number of wires in each strand;


(h) type of construction;


(i) class of core;


(j) quality and strength of steel from which the rope is made;


(k) weight;


(l) breaking load;


"rope" means a wire rope or cable;


"serious injury" means bodily injury of such a nature as would entitle the injured person to compensation under the provisions of the Workmen's Compensation Act, whether or not such person is a workman as defined in that Act;

(Cap. 94.)


"shaft" means an artificial pit or hole of greater inclination than 3 degrees from the horizontal;


"shaft conveyance" means a cage, skip, bucket, tank or carriage used for carrying men or materials in a shaft or winze;


"shift "means any body of workmen whose time for beginning and ending work is the same or approximately the same;


"shift boss" means any person in charge of a shift and acting under the direction of the manager or mine foreman;


"steeply inclined" in connection with a shaft or winze or other underground excavation, means an inclination to the horizontal of more than 45 degrees;


"stope" means a working in which a section or block of reef has been removed;


"test certificate" means a certificate issued by a testing station stating the breaking load and the maximum extension of a rope after it has been tested;


"testing station" means a rope testing station or laboratory approved by the Director;


"water blast " means a continuous spray of water projected by means of compressed air;


"winze" means an interior shaft.


Copies of Regulations to be possessed and displayed


96.-(1) Every holder of a mining tenement shall have in his possession a printed copy of this Part and, where any explosives are handled, stored or used thereon, of all regulations made under the provisions of the Explosives Act relating to the handling, storage and use of explosives, and he shall ensure that -
(Cap. 189.)


(a) every manager, mill superintendent, opencast foreman, mine foreman and shift boss in his mine also has copies of such Regulations in his possession;


(b) printed copies of such Regulations are kept in the mine office; and


(c) abstracts of those portions of such Regulations directly concerning the men employed in the mine are posted up in suitable places where they can be conveniently read, and, whenever they become defaced, obliterated or destroyed, are renewed.


(2) No person shall pull down, injure, deface or destroy a notice posted up as required by the provisions of the Act or these Regulations.


Employment of women, children and young persons


97.-(1) No male person under the age of 14 years shall be employed in or about a mine, and no male person under the age of 16 years shall be employed underground in a mine or a the working face of any open cast workings except with the written permission of an inspector, which permission shall not be given unless such inspector is satisfied that such employment is carried out under a training programme approved by him and subject to such conditions as he may specify.


(2) No female person shall be employed at a mine except on the surface in a technical, clerical or domestic capacity or such other capacity as requires the exercise of normal feminine skill or dexterity but does not involve strenuous physical effort.


Record of all employees to be kept


98.-(1) A sufficient record shall be kept in the mine office of all persons employed in and about the mine.


(2) A satisfactory method of recording the persons underground shall be installed at the surface of every shaft and the shift boss shall not leave the mine until he is sure that every man working on his shift has reached the surface.


Intoxicated and crippled persons and intoxicating liquor not allowed in or about a mine


99.-(1) No person who is under the influence of alcohol, and no person who has any physical deformity which may render him incapable of taking care of himself or of men under his charge, shall be allowed to enter a mine or to be in proximity to any working place on the surface or near to any machinery in motion within any mining tenement; and any person who may have entered a mine or who may be found in any working place above or below ground when he is under the influence of alcohol may be arrested by the manager or a person authorised by the manager, and on such arrest shall be handed over to the police.


(2) No person shall take any intoxicating liquor into a mine or into any working place except with the special permission of the manager.


Protection of safety appliances


100. No person shall wilfully damage, or without proper authority use, remove or render useless, any timber or other support, fencing, covering, casing, lining, guide, means of signalling, rope, chain, flange, horn, brake, indicator, ladder, platform, steam gauge, water gauge, safety-valve, or other appliance or thing provided for the maintenance of safety in a mine.


Duty of employees to satisfy themselves of safety of appliances and to report danger


101. Every person employed in or about a mine shall use ordinary and reasonable precautions to ascertain that his working place and the tubs, buckets, chains, tackle, windlass, ropes or other appliances he uses are not unsafe and shall cease to use anything unsafe. Every such person shall forthwith report to the manager, mine foreman or shift boss if he sees anything likely to produce danger of any kind and on leaving work shall report to the man relieving him on the state of his working place.


Division 2-Inspectors and Inspections


Powers of inspectors


102.-(1) An inspector may in addition to the powers conferred upon him under the provisions of the Act -


(a) initiate and conduct prosecutions against persons offending against the provisions of these Regulations;


(b) appear at all inquiries in to mining accidents, and, if he thinks fit call and examine and cross-examine witnesses; and


(c) exercise such other powers as are necessary for carrying the provisions of the Act or of these Regulations in to effect.


(2) Whenever an inspector has inspected a mine or any machinery he shall enter in the Record Book a report of the actual condition of the mine and machinery at the time of the inspection, and he shall also record what alterations or requirements he thinks are necessary.


(3) Nothing contained in or omitted from such report shall be held to limit or affect the responsibility imposed upon the holder or manager by the provisions of these Regulations.


Obligations to remedy any dangerous practice, and procedure to be followed


103.-(1) If, in the opinion of an inspector, any mine or any works, matter, thing or practice in or connected with prospecting or mining operations is dangerous or so defective that it may cause bodily injury to or be detrimental to the welfare or health of any person, or cause injury to livestock he shall give notice in writing thereof to the holder of the mining tenement or his agent or the manager of the mine and shall state in such notice the particulars in which he considers such mine, works, matter, thing or practice to be dangerous and shall require the same to be remedied, either forthwith or within such time as he may specify, and he may order work to be suspended until the danger is removed to his satisfaction.


(2) On receipt of such notice the holder or his agent or manager shall comply therewith, or, if he objects thereto, he shall immediately state his objection in writing to the Director and inform the inspector thereof and shall, if so ordered in such notice, cease to use the said mine, or part thereof, works, matter, thing or practice to which such notice refers, and shall withdraw all men from the danger indicated by the inspector until such time as the objection shall have been determined by the Director:


Provided that if, in the opinion of the inspector, it is safe to do so, he may allow work to proceed until the objection has been determined, subject to such restrictions and conditions to ensure safety as he shall consider necessary and shall specify in writing.


Division 3-Managers and Accidents


Mine manager to be appointed for every mine


104.-(1) No mining operations shall be carried out at any mine on any land the subject of a permit to mine, mining lease or special mining lease unless there is resident on such mining tenement, or sufficiently near thereto as to have effective supervision of such operations, a manager appointed under the provisions of this regulation as being responsible for the control and direction of all such operations, and the appointment of such person as such manager has been notified to the Director in accordance with the provisions of this regulation:


Provided that -


(a) with the consent of an inspector, where the operations carried out at any mine are so extensive as to render impractical the personal supervision by any one person of all mining operations carried out thereat, more than one manager may be appointed in respect of such mine, each of such managers being responsible for the control and direction of such of the operations carried out at such mine as may be approved by an inspector;


(b) no person shall without the consent of an inspector be appointed as the manager of, nor shall he manage, more than one mine unless-


(i) the total number of persons employed at all of the mines in respect of which he is appointed manager does not exceed 100; and


(ii) all of the workings in use at all of such mines are situated within a circle having a radius of less than 3 km;


(c) no person, except a person appointed as an acting manager under the provisions of paragraph (3), shall be appointed as the manager of, nor shall he manage, any mine or mines or any part thereof, other than any mill or workshop, at which more than 10 men are employed, or where explosives or machinery are used, unless he is the holder of a current Mine Manager's Certificate issued under the provisions of regulation 105.

(Amended by Legal Notice 95 of 1978.)


(2) The appointment of every manager under the provisions of paragraph (1) shall be notified in writing to the Director within 14 days after such appointment and every such notice shall be signed by the holder of the mining tenement on which the mine in respect of which such appointment is made is situated, or his agent, or where such mine is being worked by a tributer, by such tributer, and in every case by the person so appointed.


(3) In any case where any manager appointed under, the provisions of this regulation is unable by reason of illness, absence from the mining tenement or of otherwise to perform his duties as such for any period in excess of 14 days, the holder of the mining tenement on which the mine in respect of which he is appointed is situated, or his agent, or the tributer, as the case may be, shall appoint an acting manager to perform the duties of such manager during the period of his illness, absence or other incapacity, and every such appointment shall be forthwith notified in writing to the Director:


Providing that no mine or any part thereof shall be under the charge of any acting manager for any period exceeding 28 days unless such acting manager is the holder of a current Mine Manager's Certificate.


(4) If any mining operations are carried out on any mining tenement in contravention of any of the provisions of paragraph (1) for any period in excess of 14 days, the holder and, in any case where the mine in respect of which such breach occurs is being worked by a tributer, such tributer shall be guilty of an offence and liable to a fine not exceeding $100, and to a further fine not exceeding $10 for every day, during which the offence continues.


(5) Any person who manages any mine in contravention of any of the provisions of this regulation, and any person who knowingly employs him in that capacity, shall be guilty of an offence and liable to a fine not exceeding $100 and to a further fine not exceeding $10 for every day during which the offence continues.


Mine Manager's Certificate. Form 24


105.-(1) Application for a Mine Manager's Certificate may be made to an inspector in Form 24 and shall be accompanied by the fee prescribed in the Second Schedule, and such inspector shall, if satisfied, on the information supplied in or enclosed with such application and after such written or oral examination of an applicant as he considers necessary, that such applicant:-


(a) is of good character;


(b) has attained the age of 23 years;


(c) has had not less than 3 years practical experience in mining;


(d) is fully conversant with the provisions of this Part and of all regulations made under the provisions of the Explosives Act, relating to the handling, storage and use of explosives;

(Cap. 189.)


(e) is proficient in rendering first aid to injured persons; and


(f) is otherwise a fit and proper person to hold such a certificate, issue such applicant with a Mine Manager's Certificate in Form 25, and shall enter, or cause to be entered, the full particulars thereof in a book, to be known as the "Register of Mine Manager's Certificates", to be kept at the office of the Mines Department in Suva.

(Form 25)


(2) A Mine Manager's Certificate shall, unless previously cancelled under the provisions of paragraph (3) remain in force for a period of 2 years from the date of issue thereof, and may, on application being made to an inspector, accompanied by the fee prescribed in the Second Schedule, and subject to the applicant undergoing to the satisfaction of such inspector such further written or oral examination as such inspector considers necessary and otherwise satisfying such inspector that he is a fit and proper person to hold such a certificate, be extended for further periods not exceeding 2 years on each occasion.


(3) If, at anytime during the currency of any Mine Manager's Certificate, the Director becomes satisfied that the holder thereof is not, by reason of incompetence or bad character or any serious breach of any of the provisions of this Part or of any regulations made under the provisions of the Explosives Act, relating to the handling, storage and use of explosives, a fit and proper person to hold such a certificate, the Director may cancel such certificate and such cancellation shall be sufficiently notified by written notice to that effect sent to the holder of such certificate at his last known place of address and by publication in the Gazette.
(Cap. 189.)


Duties and responsibilities of manager


106. Every manager shall be responsible for enforcing the observance of all the provisions of this Part and of all regulations made under the provisions of the Explosives Act, relating to the handling, storage and use of explosives, at the mine and works under his charge, and shall, immediately after the occurrence thereof, report in writing to the nearest inspector or the Director, any contravention of any of such provisions, committed at such mine or works, whether the person committing the same was employed at such mine or works or not.
(Cap. 189.)


Responsibility for accident occurring with incompetent workmen


107. Where an accident occurs at any mine or in any part thereof as a result of the incompetence or inexperience of any workman employed thereat, the manager of such mine or part thereof shall be held responsible for such accident unless he can prove that he took all proper precautions to prevent such an accident occurring.


Manager shall provide for the safety and discipline of workmen


108.-(1) Every manager of a mine or part thereof shall provide for the safety and proper discipline of the men employed at such mine or in the part thereof under his charge, and shall appoint such persons as may be necessary to ensure that the provisions of this Part and of all regulations made under the provisions of the Explosives Act relating to the handling, storage and use of explosives, are observed correctly.
(Cap. 189.)


(2) For the purpose of paragraph (1), the manager of a mine or any part thereof may make and publish special rules as to the general conduct of the work, the duties of particular persons and the exclusion of unauthorised persons from the mine or any of the works thereof.


Manager or deputy to inspect and report


109. Every manager, or his deputy approved by an inspector, shall, once in each week, carefully examine the mine and works under his charge, and shall record in writing, in the Record Book his opinion as to their condition and safety, and any repairs and alterations required to ensure greater safety to the persons employed therein.


Holder responsible for refusing manager necessary means


110. If the manager of any mine or any part thereof can prove that the necessary means for carrying out the provisions of these Regulations have been refused him by the holder of the mining tenement on which such mine is situated, or his agent, the holder of such mining tenement shall be liable for the consequences.


Notice of accident to Director or inspector


111. The manager of any mine or part thereof shall, with the least possible delay after the occurrence of an accident attended by loss of life or serious injury to any person in such mine or part thereof under his charge, give notice thereof by telephone or by telegram to an inspector or to the Director and forthwith confirm such notice in writing.


Interference with place of accident


112. The place where any accident attended by loss of life or serious injury has occurred shall be left as it was at the time of the accident until the expiration of a least 3 days from the giving of the notice by telephone or by telegram or until the place has been inspected by an inspector or authorised officer, whichever shall be the earlier, unless compliance with the provisions of this regulation would end to increase or continue any danger in or seriously impede the operation of the mine.


Inquiries into accidents


113.-(1) In the event of any accident attended by loss of life or serious injury to any person occurring at any mine the Director may direct that an inquiry be held into such accident by a Board of Inquiry.


(2) A Board of Inquiry shall consist of a Chairman who shall be appointed by the Director and 2 assessors who shall wherever possible be persons having experience in mining and shall be appointed by the Chairman:


Provided that no person having any personal interest in, or who is employed in the management of, the mine at which the accident in respect of which the Board of inquiry is appointed occurred, shall be appointed to such Board of Inquiry.


(3) For the purpose of any inquiry held by a Board of Inquiry under the provisions of this regulation the Chairman shall have all of the powers of a magistrates' court of compelling the attendance of witnesses and the production and giving of evidence as well as of taking the evidence of witnesses on oath or affirmation.


(4) Any person who, having been summoned to appear before a Board of Inquiry fails to appear before the Board of Inquiry at the time and place appointed in such summons, or fails to produce any document in his possession, or having appeared before the Board of Inquiry refuses to take the oath or affirmation or to answer any questions put to him by the Board of Inquiry, shall be guilty of an offence and liable to a fine not exceeding $50.


(5) On completion of an inquiry held under the provisions of this regulation the Board of Inquiry shall state its opinion on the cause of the accident the subject of such inquiry and forward such opinion in writing signed by the Chairman and the assessors to the Director.


Notice of special occurrences


114. Where, in or about any mine -


(a) any accident involving any hoist, sheaves, hoisting rope, shaft conveyance, or any shaft or winze timbering;


(b) any inrush of water from old workings or otherwise;


(c) any failure of an underground dam or bulkhead;


(d) any out break of fire below ground, or any out break of fire above ground if it endangers any structure of the mine or works;


(e) any premature or unexpected explosion or ignition of explosives;


(f) any inflammable or noxious gas in the mine workings; or


(g) any unexpected and non-controlled extensive subsidence or caving-in of mine workings,


occurs, whether or not loss of life or serious injury is caused thereby, the manager shall, within the 24 hours next after such occurrence, send notice in writing to the Director or an inspector and shall furnish, upon request, such particulars in respect thereof as the Director or an inspector may require.


Record Book


115.-(1) At every mine there shall be kept a book to be known as the "Record Book" in which the managers shall record the following matters:-


(a) the condition of the mine and all works thereof, on the occasion of this weekly inspection;


(b) the name of his deputy for the purpose of regulation 109;


(c) particulars of any accident involving loss of life or serious injury to any person;


(d) particulars of any special occurrence as described in regulation 114;


(e) particulars of any other occurrences affecting the safety of the mine or works or the safety, health or welfare of the men employed therein.


(2) The Record Book shall be kept at the mine office and shall be available for examination by an inspector at all times.


Division 4-Surface Protection and Poisons


Fencing of surface subsidences or cavities


116. Where mining operations have resulted in subsidences of or cavities on the surface of any mining tenement, or where such are likely to occur, the manager shall cause all such places to be securely fenced and conspicuous notice-boards to be erected in the immediate vicinity to warn persons of the existence of such subsidences and cavities.


Prior permission of inspector required for certain excavations under the surface


117. No excavations which are likely to result in subsidence of the surface shall be made under the surface area of any mining tenement except with the prior permission in writing of an inspector and subject to such conditions as he may consider necessary for the prevention of subsidence and the protection and safety of the surface.


Loose material not permitted near unprotected edges


118. No spoil, material, tools, implements or other loose articles of any kind shall be left or deposited or permitted to remain within 2 feet of the unprotected edge of any shaft, winze, stope or other opening in any mine.


Protection of shafts not in use and opencast workings


119. The mouth of every shaft or entrance to a mine which is out of use or used only as an air-way or as an ore pass and the edge of every opencast working shall be kept securely fenced or otherwise protected.


Storage of poisons


120.-(1) All mercury, cyanide and other poisonous substances used in any mining or milling process shall be stored in a separate compartment specially set aside for the storage of such poisonous substances, which compartment shall be kept locked and shall be under the charge of a responsible person duly authorised by the manager in that behalf.


(2) No person shall remove from a mine any mercury, cyanide or other poisonous substance without the prior written permission of the manager.


(3) Wherever possible cyanide drips shall be screened.


Antidotes and washes


121. At every mine or works where poisonous or dangerous compounds, solutions or gases are used or produced there shall be kept in a conspicuous place, as near to the same as is practicable, an adequate supply of antidotes and washes for the treatment of all injuries likely to be received from such compounds, solutions or gases. All such antidotes and washes shall be properly labelled with explicit directions for their use affixed to the boxes containing them.


Provision of gloves


122. Where persons are required to handle mercury or cyanide or substances containing mercury or cyanide, the manager shall provide free of charge an adequate supply of suitable rubber gloves for the use of such persons.


Poisonous and injurious chemical solution precautions necessary


123. All land on which water containing any poisonous or injurious chemical solution is stored shall be effectually fenced to prevent inadvertent access and notice-boards shall be erected in suitable places warning persons of the danger of making use of such water.


Dust abatement


124. Where quartz or any other substance is crushed or handled in a dry state, there shall be used such appliances as in the opinion of an inspector will effectually keep the air fresh and prevent the accumulation of dust.


Construction of dams


125. Every dam built for the purpose of impounding water or tailings shall be properly constructed in such manner as not to endanger life or limb or to cause damage to property and shall be provided with a satisfactory spillway.


Drinking water


126. An adequate supply of wholesome drinking water shall be provided a convenient places around every mill and assay office, and this supply shall be distinctly labelled "Drinking Water".


Division 5-Opencast Workings


Undercutting


127. In opencast workings no undercutting shall be allowed unless satisfactory support is provided for all material undercut.


High vertical faces prohibited in alluvial and other workings unless securely timbered


128. In opencast workings of alluvium, soil, soft rock, gravel, clay, tailings, slimes, ashes, debris or other weak ground, no vertical face, unless securely timbered, shall have a height of more than 2-5 m:


Provided that an unsupported face may be worked in terraces or at such angle of slope as may be determined by an inspector under the provisions of regulation 129.

(Amended by Legal Notice 95 of 1978.)


Angle of slope and height of face


129. An inspector may determine from time to time the maximum height of face permitted and the angle of slope to be maintained on any opencast workings to ensure the safety thereof, and in such case shall give notice in writing to the manager of the maximum height of face permitted and the angle of slope to be maintained.


Safety helmets


130.-(1) Except when exempted in writing by an inspector, no person shall work in any opencast working more than 3 m deep or on stepped faces in rock, or in trenches more than 3 m deep unless he wears a safety helmet of a type approved by an inspector.

(Amended by Legal Notice 95 of 1978.)


(2) The manager shall not allow any person to work in any opencast workings unless the wears a safety helmet in accordance with the provisions of paragraph (1) or has been exempted by an inspector from the provisions thereof.


Safety belts and lifelines


131. All persons working on the face of any opencast workings in places where there is danger of their falling shall be provided with and use safety belts or lifelines of a pattern approved by an inspector:


Provided that notwithstanding the employment of lifelines an inspector may, where he deems it necessary for safety, require the use of safety belts in addition to lifelines.


Division 6-Underground Workings


Fencing of entrances to shafts, winzes, etc.


132. Every entrance to any vertical or steeply inclined shaft, winze, sump or chutes shall at all times be kept properly fenced by means of barriers or gates:


Provided that such barriers or gates may be temporarily removed for the purpose of repairs or other necessary operations, if proper precautions are taken to prevent danger to persons.


Dangerous workings to be properly secured


133. Where the ground is not naturally safe, every shaft and every travelling road, airway or working place, and all adits, levels, crosscuts, stopes, winzes and other underground passages in any mine shall be securely timbered, walled or otherwise made secure, and kept in safe condition so long as they are in actual use, and a sufficient supply of suitable timber shall be at hand for immediate use for the purpose of making the ground safe.


Supporting roof and sides


134.-(1) If an inspector considers that the system of props or pillars used for supporting the roof or sides of any underground working or passage in any mine is inadequate he may require the manager to change the system.


(2) Where a hanging wall in any mine is friable all props shall be provided with headboards or with caps between adjacent timbers.


Safety helmets to be worn underground


135.-(1) Except when exempted in writing by an inspector, no person shall travel or work underground in any mine unless he wears a safety helmet of a type approved by an inspector.


(2) The manager shall not allow any person to remain underground in any mine unless he wears a safety helmet in accordance with the provisions of paragraph (1) or has been exempted by an inspector from the provisions thereof.


Safety belts and lifelines


136.-(1) All persons working underground in any mine in places where there is danger of their falling shall be provided with and use safety belts or lifelines of a pattern approved by an inspector:


Provided that notwithstanding the employment of lifelines an inspector may, where he deems it necessary for safety, require the use of safety belts in addition to lifelines.


Advance boreholes when approaching water or gas


137. Where any place in any mine is likely to contain a dangerous accumulation of water or noxious gases, unless other measures have been authorised in writing by an inspector, any working approaching that place shall have boreholes kept at least 3 m in advance and such additional precautionary measures shall be taken as may be necessary to obviate the danger of a sudden influx of such water or gases.

(Amended by Legal Notice 95 of 1978.)


Second outlet may be necessary


138. Where underground workings in any mine are served by one outlet to the surface only, and an inspector considers that a second outlet is necessary, either for the safety of the men employed therein or for proper ventilation, he may require the manager to provide another such outlet within such reasonable time as such inspector may direct.


Division 7 - Hoisting and Ropes


Capacity of hoist not to be exceeded


139. No hoist used in any mine shall carry any weight greater than the maximum weight which the hoist is capable of handling as stated in the manufacturer's specification or as certified by a mine hoist design engineer approved by the Director.


Adequate brakes required for hoists


140.-(1) An adequate brake, in proper working order, shall be provided for every drum of a hoist used in any mine, which brake shall be so arranged that whether the hoist is in motion or at rest it can be easily and safely manipulated by the driver thereof.


(2) An inspector shall at all times have the power to order or conduct a test of the efficiency of all brakes on any hoist used in any mine.


(3) Lowering from an unclutched drum of a hoist used in any mine is prohibited.


Connection between rope and conveyance


141. The connection between the rope and shaft conveyance on every hoist used in any mine shall be of such a nature that no accidental disconnection can take place.


Factor of safety


142. No rope shall be used for winding in any shaft or winze if the factor of at any point in such rope becomes less than -


(a) 9.5 for men or 8 for materials, where the rope is used for winding for a distance of not more than 150 m;


(b) 8 for men or 7 for materials, where the rope is used for winding for a distance of more than 150 m but not more than 300 m;


(c) 7 for men or 6 for materials, where the rope is used for winding for a distance of more than 300 m but not more than 600 m;


(d) 6 for men or 5 for materials, where the rope is used for winding for a distance of more than 600 m.

(Amended by Legal Notice 95 of 1978.)


Use of defective rope forbidden


143. No rope shall be used for winding in any shaft or winze if-


(a) the breaking load of the rope is less than 90 per cent of the breaking load shown on the original test certificate;


(b) the number of broken wires in any section of the rope equalling a length of lay of such rope exceeds three; or


(c) marked corrosion has occurred to any portion of such rope.


Rope test certificates


144.-(1) No rope shall be used for winding in any shaft or winze in which men travel or are carried in a shaft conveyance, unless the original test certificate for such rope has been forwarded to an inspector, and at intervals of 6 months, commencing from the date of its first installation, the rope is tested at a testing station and the test certificate forwarded to an inspector.


(2) An inspector may by notice in writing to the manager of any mine or to the holder of the mining tenement on which such mine is situated require him to have tested for breaking load any rope in use for winding in any shaft or winze in such mine, and every such manager or holder, as the case may be, shall within one month of the receipt of such notice have such rope tested at a testing station and forthwith thereafter forward the test certificate to the inspector.


Use of chains


145. No chain shall be used for carrying men in any shaft or winze except for short chains used to couple the shaft conveyance to the rope, in which cases 2 single link chains of uniform size shall be used, which chains shall each have a breaking load not less than 8 times the weight of the load upon them, and all such chains shall be removed and annealed at least once in every 6 months.


Guides for conveyances in shafts


146. Subject to any written exemption granted by an inspector, all vertical shafts exceeding 30 m in depth shall be provided with guides for the shaft conveyance, which guides shall be extended as near to the shaft bottom as practicable.

(Amended by Legal Notice 95 of 1978.)


Winding prohibited during repairs


147. Except to the extent necessary for such repairs, no winding shall be carried on in any shaft or winze whilst repairs are being carried out in the winding compartment.


Materials forbidden in conveyances together with men


148. No truck, iron, timber, tools (other than tools of trade carried in closed receptacles) or other materials shall, except when the shaft is being repaired, be carried in any shaft conveyance in which men are also being carried.


Securing materials during winding


149. When tools, wood or other materials are to be carried in any shaft conveyance, the ends, if projecting above the top of the conveyance, shall be securely fastened to the rope or the bow.


Shaft signals required


150. (1) Every shaft or winze exceeding 30 m in depth which is used for winding by mechanical power shall have an efficient means of signalling whereby men engaged in sinking or in shaft inspections or repairs may signal effectively from any depth in the shaft to the hoist driver and shall be equipped with some efficient means of interchanging distinct and definite signals between the hoistroom, the surface and all shaft stations in use.

(Amended by Legal Notice 95 of 1978.)


(2) Only persons duly authorised by the manager or mine foreman may give any signal, other than the accident signal.


Code of signals


151.-(1) In winding, the following signals shall be used:-


Knocks or rings


1-Raise, when hoist is a rest;

1-Stop, when hoist is in motion;

2-Lower;

3-Change gear;

4-Men about to enter or leave a shaft conveyance;

4-In reply, men may enter or leave a shaft conveyance;

5-Danger signal;

6-Caution, move slowly;

8-All clear;

12-Accident signal - followed by the signal for the level on which the accident has occurred.


(2) After the danger signal has been given, if it should be necessary to move the shaft conveyance in order to remove the danger, all movements of the hoist shall be made slowly and carefully until the all clear signal has been given.


(3) Where men are about to enter or leave a shaft conveyance the braceman or cageman shall not open the gate until he has received the reply signal from the hoist driver.


(4) The hoist driver shall in every case, except for the "Stop" signal, ring back before acting on any signal.


(5) The hoist driver shall not act on any signal if he is not sure of its meaning or if he has been unable to do so within 60 seconds after receiving it but shall await a fresh signal.


Special signals


152. Special signals in addition to the above may be used at any mine provided that they are easily distinguishable by their sound or otherwise from the foregoing code and do not interfere with it in any way.


Code of signals to be posted


153. The code of signals used at a mine shall be painted on a board or enamelled plate, in the form of a distinctly legible notice in English, Fijian and Hindustani, and shall be posted up in the hoistroom, at the surface, and at all shaft stations in use.


Appointment of hoist drivers


154.-(1) No person under the age of 18 years shall be permitted to have charge of a hoist of any kind.


(2) No person shall have charge of a hoist which is used for carrying men or is used in a shaft in which men may be travelling unless he holds a Hoist Driver's Certificate issued by an inspector under the provisions of regulation 155.


(3) On the appointment of any person as a hoist driver at any mine the manager shall make a written entry of such appointment in the hoist log book.


Hoist Driver's Certificate. Form 26


155.-(1) Application for a Hoist Driver's Certificate may be made to an inspector in Form 26 and shall be accompanied by the fee prescribed in the Second Schedule together with a medical certificate by a registered medical practitioner or Government medical officer to the effect that the applicant is physically fit to carry out the duties of a hoist driver, and such inspector shall, if satisfied after such written or oral examination of the applicant as he considers necessary, that such applicant -


(a) has attained he age of 21 years;


(b) has had adequate experience in the operation of a re-reversing hoist; and


(c) is fully conversant with the provisions of this Division of this Part, issue such applicant with a Hoist Driver's Certificate in Form 27 and shall enter, or cause to be entered, the full particulars thereof in a book to be known as the "Register of Hoist Driver's Certificates", to be kept at the office of the Mines Department in Suva.

(Form 27)


(2) A Hoist Driver's Certificate shall, unless previously suspended under the provisions of paragraph (3) or cancelled under the provisions of paragraph (4), remain in force for a period of 2 years from the date f issue thereof, and may, on application being made to an inspector, accompanied by the fee prescribed in the Second Schedule together with a medical certificate by a registered medical practitioner or Government medical officer to the effect that the applicant is physically fit to carry out the duties of a hoist driver, and subject to the applicant undergoing to the satisfaction of such inspector such further written or oral examination as the inspector considers necessary, be extended for further periods not exceeding 2 years on each occasion.


(3) At any time during the currency of any Hoist Driver's Certificate any Hoist Certificate an inspector may require the holder of such certificate to undergo such further medical examination as such inspector may consider necessary or advisable and may suspend any such certificate until satisfied on the certificate of a registered medical practitioner or Government medical officer that the holder of such Hoist Driver's Certificate is physically fit to carry out the duties of a hoist driver.


(4) If, at any time during the currency of any Hoist Driver's Certificate, the Director becomes satisfied that the holder thereof is not, by reason of physical or mental infirmity or incompetence, a fit and proper person to hold such certificate the Director may cancel the same and such cancellation shall be sufficiently notified by written notice to that effect being sent to the holder of such certificate at his last known place of address and by publication in the Gazette.


Hours during which hoist drivers to be on duty


156.-(1) A hoist driver shall be on duty at every hoist during the whole time that any person who is expected to be carried by such hoist is underground in the mine.


(2) Save in exceptional circumstances or where it is necessary by virtue of a normal change of shift no hoist driver engaged in winding men shall be employed for more than one shift in 24 hours and no such shift shall exceed 8½ hours.


Permission required to use hoist for carrying persons


157.-(1) No hoist shall be used for carrying persons without the permission in writing of an inspector. Every such permit shall state the maximum number of persons that may be carried by such hoist at any one time and the maximum speed of winding, and under no circumstances shall the speed of winding or the number of persons carried in any hoist be in excess of that specified in such permit. A notice specifying the maximum number of persons that may be carried by such hoist at one time shall be posted at all places where the code of signals is posted.


(2) Permission shall not be granted under the provisions of paragraph (1) unless all of the applicable provisions of this Division of this Part have been complied with, and every such permit shall be subject to the following additional conditions:-


(a) by actual test it shall be proved to the satisfaction of the inspector that -


(i) the hoist running a various speeds with light and heavy loads can be readily retarded and stopped, and after stopping can be immediately started again in either direction;


(ii) each drum, unclutched from the hoist, can be maintained, by the unaided effort of its own brake or brakes, in a position of rest without slipping when bearing double the authorised load of the shaft conveyance. (In estimating the authorised load 75 kg weight shall be allotted for each person);


(iii) in the case of a hoist where no part of the rope is rigidly fixed to the drum, there shall be no slipping of the rope on the drum under any possible working condition;


(b) the shaft conveyance may travel 7.5 m past its highest and lowest passenger landing places without striking any obstruction;


(c) the ropes shall be made of steel of the best quality and manufacture, free from any defect and the wires used in the construction of the ropes shall be of sizes suitable for use with the sheaves and drums fitted, and at least one spare rope shall always be kept in reserve ready for use;


(d) ropes newly put on, and the connections between the rope and the shaft conveyance, shall be carefully examined and properly tested as to their working strength by a competent person authorised by the manager, and shall be used for carrying persons only after having run 2 complete trips up and down the working portion of the shaft with the shaft conveyance loaded to the full authorised extent (the result of the above examination shall be immediately recorded in the hoist log book);


(e) shaft conveyances, except buckets used in shaft sinking, shall have a proper roof or cover and shall have proper safety catches;


(f) the weight of the shaft conveyance and the weight of all attachments shall be certified by the maker and shown on the shaft conveyance in such a position that it may be readily accessible for reading;


(g) there shall be on the drum of the hoist such flanges or horns, and also, if the drum is conical or spiral, such other appliances as may be sufficient to prevent the rope from slipping laterally;


(h) there shall be not less than 3 rounds of rope upon the drum when the shaft conveyance is at the lowest point of the shaft; and when this is applicable, the end of the rope shall be properly fastened round an arm or the shaft of the drum;


(i) if considered necessary by an inspector, every such hoist shall be provided with a reliable depth indicator in addition to any marks on the rope, which will, in shafts exceeding 90 m in depth, ring a bell in the hoist room when the conveyance is 18 m from the top landing place;


(j) a reliable speed indicator shall be attached to the hoist if considered necessary by an inspector;


(k) a suitable automatic device to prevent overwinding of the shaft conveyance shall be fitted:


Provided that, if the hoist cannot be fitted with such an automatic device, the shaft conveyance, when persons are being carried, shall not travel at a speed exceeding 60 m per minute when the shaft conveyance is within 30 m of the surface or bottom, nor 150 m per minute in any other part of the shaft.

(Amended by Legal Notice 95 of 1978.)


Automatic brakes


158. All electrically driven hoists which are used for carrying persons shall be fitted with mechanically operated brakes which shall be so installed that -


(a) the brakes shall, on failure of the power supply, be applied automatically by mechanical means, preferably gravity, and shall in no case be operated by an auxiliary electric current;


(b) in case of a heavy overload, such as would be caused by the shaft conveyance leaving the rails or becoming jammed in the shaft, a circuit breaker will cut off the power and thus apply the brakes automatically;


(c) a suitable overwind device, which can be set to engage the shaft conveyance at any point in the headframe, will cut off the power in case of an overwind past this point, and thus apply the brakes automatically:


Provided that with the consent of an inspector some other form of satisfactory and dependable overwind device may be fitted in lieu thereof.


Conditions to be observed where carrying persons is permitted


159. Where the use of a hoist for carrying persons is permitted, the following conditions shall be observed:-


(a) a competent person, authorised by the manager, and whose name is registered in the hoist log book shall carefully examine-


(i) at least once a day, the aerial gear, the rope and its connections to the shaft conveyance and to the drum, the brakes, overwind devices, depth indicators, the shaft conveyance and its safety catches, the sheaves and every external part of the hoist upon the proper working of which safety depends;


(ii) at least once a week, the guides or rails and the winding compartments generally, the signalling apparatus and the external parts of the hoist;


(iii) at least once a month, the structure of the rope for the purpose of discovering the amount of deterioration (for the purpose of this examination the rope must be carefully cleaned at the connections and at intervals along its length);


(iv) at least once a month, the operating efficiency of the safety catches. For this purpose a drop test shall be conducted on all shaft conveyances;


(v) at least once a year, the hoist as to the working condition of the internal parts;


(b) a report of the result of every such examination shall be recorded without delay in the hoist log book and shall be signed by the person who made the inspection, and should, as a result of such examination, any weakness or defect be discovered, the weakness or defect shall be reported immediately to the manager and remedied, and no person shall be carried by the hoist until the defect is made good;


(c) special instructions shall be issued by the manager forbidding access to knocker lines to any persons other than those in charge of them, and care shall be taken to guard against the knocker lines being accidentally put into operation;


(d) no person shall be carried or order or permit any other person to be carried on the top of a cage or on the side, bow, rim, bail or carriage of any cage, skip, bucket, truck or other shaft conveyance, or on the top of a loaded, or in a partially loaded, skip, bucket, truck or other similar conveyance:


Provided that men engaged in sinking operations or shaft repairs or a shaft examination may ride on the top of an unloaded or partially loaded cage, skip or bucket if this is necessary for their duties;


(e) no person travelling in a shaft conveyance shall change his position therein whilst the conveyance is in motion;


(f) after any stoppage of winding for repairs or for any other purpose exceeding 2 hours' duration each shaft conveyance, before any person is carried therein, shall be run at least one complete rip up and down the working portion of the shaft with a view to ensuring that every thing is in good working order;


(g) when persons are carried the hoist driver shall take care that shocks in starting, running and stopping are avoided and that the shaft conveyance is brought gently to rest at landing places;


(h) no person shall speak to or in any way distract the attention of the hoist driver whilst the hoist is in motion.


Protection at mouth of shaft during sinking


160. The mouth of every shaft in the course of sinking shall be protected by doors fixed below the head gear in such a position as will prevent material falling down the shaft, or every such shaft shall be provided with a trolley to run over the shaft's mouth and receive the load when brought to the surface. Such trolley shall be large enough to cover the opening at the shaft top.


Blasting signals in shaft sinking


161.-(1) Where a hoist is used in the course of shaft sinking, the manager shall see that the hoist driver is notified of a pre-arranged signal indicating that blasting is about to take place.


(2) On receipt of such pre-arranged signal, the hoist driver shall raise the bucket not less than 3 m and lower it again as an acknowledgement that he is ready to act immediately on the receipt of the final signal to raise the men employed in blasting.

(Amended by Legal Notice 95 of 1978.)


Filling of bucket


162. In shaft sinking the bucket or other receptacle shall not be filled above the level of the brim; and before it leaves the top or bottom of the shaft or winze, it shall be steadied by one of the men at the top or bottom, as the case may be.


Bucket to be stopped before reaching bottom


163. The bucket or other receptacle shall not be directly lowered to the bottom of the shaft when men are there present, but shall be stopped at leas 4.5 m above the bottom until the signal to lower further has been given by one of the men at the bottom.

(Amended by Legal Notice 95 of 1978.)


Protection of workmen in shaft sinking


164.-(1) In shaft sinking where there is no separate ladder way under which the men may find shelter during the winding of rock, materials or water, sufficient protection shall be provided by a suitable covering.


(2) Whilst winding, other than for the purposes of shaft sinking, is going on, men employed at the bottom of the shaft shall be securely protected by a cover of overhead.


Safety measures in the case of underground tramways


165.-(1) In all underground tramways where men are allowed to travel, places of refuge (manholes) to give at least 600 mm clearance between the moving trucks and the wall shall be provided at intervals of not more than 15 m and every such place of refuge shall be kept clear at all times.

(Amended by Legal Notice 95 of 1978.)


(2) Where the track of an underground tramway is inclined at more than 4 degrees but not more than 14½ degrees and the trucks are attached to a moving rope, the track and equipment shall be known as an "inclined haulage" and the following special conditions shall apply:-


(a) the haulage mechanism shall be fitted with efficient and satisfactory braking devices;


(b) the tracks shall be fitted with satisfactory runaway rip devices;


(c) the opening through which the haulage travels shall not be used as a travelling way for men;


(d) there shall be provided adequate protection from trucks running out of control for men working at or operating such inclined haulage;


(e) the trucks shall be attached to the rope by a device approved by an inspector.


Hoist log books


166.-(1) At every hoist room there shall be kept a hoist log book in which shall be entered the following particulars:-


(a) the names of all persons authorised to drive the hoist;


(b) the name of a competent person authorised to carry out the examinations referred to in regulation 159;


(c) a daily report by each hoist driver on the condition and operation of the hoist;


(d) a report of the fitting or refitting of the rope and the result of the test run carried out thereafter;


(e) reports of the daily, weekly, monthly and yearly inspections;


(f) reports of drop tests carried out on the shaft conveyances;


(g) reports of all stoppages exceeding 2 hours duration, the reason therefore and the result of the test run conducted thereafter; and


(h) a report of any other matter affecting the safe operation of the hoist or the safety of persons carried by it.


(2) The hoist log book shall be available for examination by an inspector at all times.


Division 8-Travelling-ways and Ladderways


Ladders and ways of exit


167. Every manager of any mine shall provide and maintain to the satisfaction of an inspector, such ladder or other ways at such mine as will furnish effectual means of exit from all underground workings without the assistance of the hoist.


Permanent Ladderways


168. At every mine where a shaft affords the regular means of ingress and egress such shaft shall be fitted with a proper and permanent ladderway approved by an inspector.


Travelling-ways in shafts to be partitioned or securely fenced


169. In all vertical or steeply inclined shafts where any compartment is used regularly as a foot travelling-way it shall be securely partitioned from the other compartments, and in all other shafts all foot travelling-ways shall be adequately trailed so as to prevent any person from falling into the winding compartment:


Provided that when a shaft is in course of sinking no partition shall be required to be installed between the lowest working level and the shaft bottom.


Platforms to be provided in ladderways


170. In permanent ladderways which have an inclination of more than 70 degrees from the horizontal and which form a main means of exit from the workings or a permanent travelling-way between levels, platforms (resting places) shall be fixed at intervals of not more than 9m apart.

(Amended by Legal Notice 95 of 1978.)


Construction of mine ladders


171. Every ladder used in any mine shall be-


(a) of strong construction and, with the exception of any chain ladders used in any rise or required to be used at the bottom of any ladderway under the provisions of regulation 174, the staves shall be bolted together at not less than 2 places and the distance between the centres of the rungs shall be not greater than 300 mm nor less than 250 mm;


Provided that, in the case of small mines, an inspector may give written permission for the use of ladders with rungs set in notches in the staves and nailed to the staves, subject to such conditions as he may think fit;


(b) securely fastened to the timbering or walls of the shaft, winze or stope, but, except in the case of a chain ladder, so that in no case is any rung closer than 100 mm to the wall or to any timber underneath the ladder.

(Amended by Legal Notice 95 of 1978.)


Fixing of ladders


172.-(1) Every ladder used in any mine shall be so fixed that it covers any lower manhole:


Provided that this shall not apply to ladders installed in exploratory winzes or in manways in stopes where the width is not sufficient to allow ladders to be fixed at a slope sufficient to cover any lower manhole.


(2) No ladder in use in any mine may be fixed in an overhanging position.


(3) Every ladder used in any shaft or winze shall project at least 0.9 m above the collar of the shaft or winze and above every platform therein, except where strong handrails are fixed at such places.

(Amended by Legal Notice 95 of 1978.)


Carrying tools, etc., in ladderway prohibited


173. No tools or any loose materials may be carried up or down any ladderway in any vertical or steeply inclined shaft or winze except where absolutely necessary for the normal operations of the mine or for the purpose of rendering aid to injured persons or rendering safe any danger.


Ladders in shaft sinking


174. Where a shaft is in course of sinking the fixed ladderway shall finish sufficiently far from the shaft bottom to be secure from damage from blasting, and a chain ladder shall extend from the lower end of such ladderway to the bottom of the shaft at all times while men are at the bottom.


Division 9-Ventilation and lighting


Underground working to be properly ventilated


175. All parts of every underground working in any mine shall be properly and sufficiently ventilated to the satisfaction of an inspector.


Disused workings to be examined before being again used


176. Underground workings, especially shaft s, sumps and winzes, which have not been in use for more than 7 days, shall be tested with a candle flame which shall burn strongly therein before they are used again, in order to ascertain whether or not any foul air or other dangerous gases have accumulated therein, and, until such places have been so tested and are found free of foul air or other dangerous gases, no person other than the person carrying out such test shall be allowed to enter therein.


Working in foul air forbidden


177. No person shall work or remain, or be permitted or ordered to work or remain, in any place in a mine if any foul air or other dangerous gases are perceptible by sight, smell or other senses.


Water blast to be provided in certain circumstances


178. Where an inspector considers it to be necessary for the abatement of dust, a water blast shall be provided at all such working places in any mine as he may specify.


Machine drilling


179.-(1) Except in the case of popholing, no dry machine drilling shall be carried out either at the surface of, or underground in, any mine without the written permission of an inspector.


(2) Auxiliary ventilation equipment shall be provided and shall be used in all development ends where machine drilling is carried out.


Adequate stationary lights to be provided


180. Adequate stationary lights shall be provided during working hours at all shaft stations in use in any mine and a night at all working places on the surface of any mine.


Machinery to be illuminated


181. All places where winding, driving, pumping or other machinery is erected, and in proximity to which persons are working or moving about at any mine, shall be so lighted that whilst such machinery is in operation its external moving parts can be clearly distinguished.


Moving without a light prohibited


182. No person shall move about or work in any uniluminated part of a mine without a light.


Division 10-Machinery


Boilers, etc., to be in good condition


183. All boilers, engines, brakes, ropes, winding gear and other mechanical appliances in use at any mine shall be kept in good condition and repair.


Exposed machinery to be fenced


184. All exposed machinery at any mine, which when in operation may be dangerous to persons, shall be securely fenced so that no person can inadvertently come into contact with it, and efficient guards shall be provided to the satisfaction of an inspector to all such parts of any such machinery as may in his opinion be a source of possible danger to any person.


Loose clothing


185. No person wearing any loose outer clothing shall be employed in the operation of, or permitted to work in the vicinity of, any machinery whilst such machinery is in operation.


No repairing, oiling, etc., to be done under risk


186.-(1) The repairing, adjusting, cleaning or lubricating of machinery shall not be carried out whilst such machinery is in operation where there is any risk of personal injury to any person.


(2) All machinery requiring to be lubricated whilst in operation shall wherever practicable be fitted with automatic lubricating devices.


Friction clutches or similar contrivances to be provided


187.-(1) Belt-driven machinery, which it is necessary to start or stop without interfering with the speed of the prime mover, shall be permanently fitted with a satisfactory mechanical appliance for that purpose.


(2) With the exception of the customary shifting of light belts on the coned pulleys of machine tools for the purpose of altering the working speed, the shipping and unshipping of driving belts shall not be carried out without the use of a belt shipper whilst the machinery is in operation.


Gauges and safety valves


188. All vessels, other than portable gas cylinders, used at any mine for receiving or storing air or gas at a higher pressure than that of the atmosphere shall be fitted with-


(a) a gauge or other device for showing accurately at all times the pressure of the air or gas contained in such vessel;


(b) a relief or safety valve or other device capable of preventing any undue accumulation of pressure above the safe working limit of the vessel.


Compressed air receivers to be tested


189. Every manager shall ensure that all compressed air receivers used in any mine or part thereof under his charge are tested at intervals not exceeding 3 years by hydraulic pressure to the extent of one and one-third times the working pressure, and shall keep a written record of such tests, signed by the person conducting them, and shall submit all such records for inspection by an inspector.


Use of compressed air apparatus


190.-(1) All compressed air receivers and intercoolers, and their connections to air cylinders, shall be kept clean and free from carbonized oil or other material liable to ignition.


(2) The supply of air for air-compressors shall be drawn from as pure and cool a source as possible.


Dangerous places to be fenced


191. All places in and about a mine which from their nature are likely to be dangerous to persons working or travelling about the mine shall be properly fenced and in particular all elevated platforms and gangways shall be so fenced.


No admittance permitted to places where machinery or boilers are housed


192. No unauthorised person shall be permitted to enter any place in the vicinity of machinery or boilers at any mine, and notices to this effect shall be posted at all entrances to the places where such machinery or boilers are housed.


Division 11 - Explosives


Explosives Regulations to apply with certain modifications


193. Subject to the following provisions of this Division of this Part, the Explosives Regulations made under the provisions of the Explosives Act shall apply to all mining operations.
(Cap. 189.)


Distributing magazine


194.-(1) Notwithstanding the provisions of the Explosives Regulations, a quantity of explosive not exceeding that which is reasonably sufficient for use during the following 6 consecutive days may be stored in a distributing magazine in any mine or any part thereof for distribution to the workings:


Provided that the manager shall, before using a distributing magazine, notify an inspector of the place of storage, the period during which it is to be used for this purpose, the type and quantity of explosive to be stored therein and any other information relating to such distributing magazine that may be required by the inspector, and shall obtain the inspector's permission before using such distributing magazine for the storage of explosive.


(2) A distributing magazine may be-


(a) a drive, tunnel or other excavation. The passage connecting such distributing magazine with the workings or travelling-ways shall describe in its course at least one right angle, and such distributing magazine shall be situated not less than 9 m away from any working place or travelling-way. If, in the opinion of an inspector, owing to the nature of the country and the quantity of explosives to be stored this distance is too short, it shall be increased to such distance as the inspector shall specify; or


(b) where the quantity of explosives to be stored does not exceed 45 kg of dynamite or 100 detonators, a stout wooden box with sides, bottom and top at least 50 mm thick and with the cover acting as a door, which box shall be kept closed and securely locked, and shall be securely fastened in place.

(Amended by Legal Notice 95 of 1978.)


(3) No explosive shall be stored in a distributing magazine unless it shall have been issued from a licensed magazine at the mine and conveyed directly from such magazine to the distributing magazine.


(4) Where the location and structure of a distributing magazine is such that unauthorised entry might be possible, the contents shall be removed from the magazine when the workmen leave the vicinity.


Restriction on transport of explosives in shaft conveyances


195.-(1) No person shall place in, or take out of, any shaft conveyance, any explosive except under the immediate supervision of a person authorised by the manager, mine foreman or shift boss for that purpose.


(2) Before any explosive is carried in any shaft conveyance, the person in charge of such operation shall give, or cause to be given, notice thereof to the person or persons in charge of the cage and to the hoist driver.


(3) No other materials shall be carried with any explosive in any shaft conveyance.


Division 12-Electrical Apparatus and Wiring


Surface installations


96. -(1) The installation of electrical apparatus and wiring and the use of electricity on the surface of any mine shall be in accordance with the provisions of any Act for the time being in force relating to the supply and use of electricity.


(2) An inspector may examine any such installation at any time and if any apparatus or wiring appears to be defective he shall report thereon to the appropriate authority.


Underground installations


197. Subject to the provisions of the following regulations contained in this Division of this Part, all regulations which apply to the installation of electrical apparatus and wiring and the use of electricity on the surface of any mine shall apply also to the installation of electrical apparatus and the use of electricity under ground in any mine.


Control of underground feeders


198. Where electrical energy is taken underground, provision shall be made so that the current can be cut off on the surface by a control device which shall operate automatically to prevent the transmission of excess current and which shall have an operating current rating not in excess of the current rating of the feeder which it controls. Every such control device shall be located in a position accessible only to authorised persons and, if not located in a supply station, shall be in a separate room or screened-off enclosure.


Test certificate necessary


199. All cables installed for the transmission of power underground at a potential in excess of 660 volts shall be accompanied by the manufacturer's certified report of insulation tests, a copy of which shall be kept by the manager.


Rating of underground cables and control devices


200.-(1) All cables transmitting power underground at a potential exceeding 660 volts shall have a voltage rating of 50 per cent higher than the normal operating voltage.


(2 ) All control devices designed to afford short-circuit protection on underground circuits of a potential exceeding 660 volts shall have a voltage rating of 50 per cent higher than the normal operating voltage.


Voltage of signal systems


20l. The operating voltage of all underground signal systems shall not exceed 150 volts to earth. One conductor of the two-wire signal circuit shall be grounded where the power supply is obtained from a transformer having a primary voltage in excess of 660 volts:


Provided that the signal system may be operated with both conductors ungrounded where the supply is from a transformer having a primary voltage in excess of 660 volts, if an insulating transformer having a one-to-one ratio is installed between the supply and the signal system.


Power conductors


202.-(1) Conductors for all underground circuits not exceeding 150 volts to earth shall either be installed in standard conduits or armoured or non-inflammable casings, or securely tied to suitable insulators so that they do not touch any timbering or metal. On no account shall staples be used. Open-type wiring shall not be used in timbered shafts or winzes except in cases of extreme emergency.


(2) All fixed conductors transmitting power underground in excess of 150 volts to earth shall be armoured or enclosed in standard conduit and substantially supported.


Earthing of casings


203. The armouring or casings of all underground cables shall be bonded together so as to be electrically continuous and shall be connected at some point or points to a satisfactory earth on the surface.


Earthing of equipment


204. Where the armouring or casings of cables do not provide an adequate earthing system for underground electrical equipment, a copper or other non-corrosive grounding conduct or of adequate size shall be run from such equipment to a satisfactory earth on the surface.


Room or junction box


205. At all underground stations where any cable transmitting power at a potential exceeding 660 volts leaves any shaft, a room or junction box shall be provided into which such cable shall be run.


Junction or joint boxes


206. Junction boxes on any cable transmitting power at a potential exceeding 660 volts shall not be located in any shaft or winze or attached to any timbers at a shaft or winze station or in a headframe, and all join boxes for cable extension in a shaft or winze shall be of a type approved by an inspector.


Fire prevention about electrical installations


207. The bases of electric motors, transformers, starting equipment and other electrical apparatus underground, and the compartments in which they are installed, shall be of such material and constructed in such manner as to reduce fire hazards to a minimum, and no inflammable material shall be stored or placed in the same compartment with any such equipment or apparatus.


Fire protection


208. Approved fire extinguishing devices for use on electrical fires shall be provided conveniently mounted at or in every place underground containing electrical apparatus having inflammable insulation or parts which, once ignited, can support combustion, and shall be maintained at all times in good condition and ready for use.


Transformers, type and location


209. The type and location of transformers installed underground shall be subject to the approval of an inspector.


Transformers and transformer rooms


210.-(1) All transformers having a capacity of more than two kilowatts shall, unless a dry type or insulated with non-inflammable di-electric liquids, when installed underground be effectively isolated from the mine workings by enclosure in rooms constructed of fireproof materials throughout with a door sill of not less than 150 mm in height.

(Amended by Legal Notice 95 of 1978.)


(2) No material or equipment of any kind, including air lines, air ducts, water or steam lines, other than that essential to the transformer installation or its proper operation and safety, shall pass through or terminate within any such room.


(3) No underground transformer station shall be located within 30 m of any explosive storage.

(Amended by Legal Notice 95 of 1978.)


Protection of signal and telephone wires


211. Adequate precautions shall be taken to prevent any underground electrical signal or telephone wires, whether insulated or not, from coming into contact with other electrical conductors.


Division 13-Miscellaneous


First aid kit


212. At every mine and at every part of a mine under the charge of a separate manager and at every place where mining or prospecting operations are in progress (including operations being carried out under any prospector's right or prospecting licence), there shall be immediately available for use such quantity of first aid equipment as is prescribed in the Schedule to the Employment Regulations, for the number of persons employed in such mine or part thereof or in such prospecting operations.


Ambulance stations


213. Ambulance stations shall be maintained at such points in such mines as the Director shall direct, which ambulance stations shall be equipped with the firs aid equipment required under the provisions of regulation 212 together with such additional equipment, including resuscitation apparatus, stretchers and other specified equipment as the Director shall direct.


Training of rescue teams and of persons in first aid


214. The manager of every mine or part thereof shall cause such number of employees, as may be reasonably required by an inspector, to be trained in the use and maintenance of rescue and resuscitation apparatus and first aid equipment.


Hospital and nursing facilities


215. The holder of every mining tenement on which any mine is situated shall provide and keep at each mine situated thereon such drugs, medicaments, medical and, surgical appliances and equipment, instruments and medical comforts, and shall provide such housing and nursing attendance, as the Permanent Secretary for Health may consider reasonable or necessary for the proper medical care of all persons employed at the mine.


Manager responsible for sanitation


216. The manager of every mine or part thereof shall be responsible for keeping the mine or works under his charge in a state of good sanitation and shall provide such latrine accommodation and disinfectants as may be required by an inspector.


Drinking water


217. An adequate supply of wholesome drinking water shall be provided at convenient places around every mine.


Drying and changing facilities


218. The holder of every mining tenement on which any mine is situated shall provide such facilities for the drying and changing of clothes by the persons employed at all mines situated thereon as may be required by an inspector.


Housing


219. Where housing accommodation is provided at any mine the holder of the mining tenement on which such mine is situated shall be responsible for ensuring that it meets reasonable standards and he shall make such alterations and carry out such repairs as may be required by an inspector.


Each working place to be visited once a shift


220.-(1) The manager, the mine foreman or some person (other than the shift boss) deputed by the manager for that purpose shall visit each working place at which men are working at least once every second day and shall see that safety is assured in every respect.


(2) The shift boss shall visit each working place at which men are working at least once in every shift and shall see that safety is assured in every respect.


Responsibility regarding dangerous conditions


221. If any shift boss or miner has reason to believe that any part of a mine is in a dangerous condition, he shall at once inform the manager or mine foreman who shall take all reasonable steps to prevent danger therefrom to any person. Such shift boss or miner shall also inform any other shift boss or miner whose duty it is to relieve him.


Employees responsible for obeying safety rules


222. Every employee in any mine shall be responsible for observing such directions with respect to working as may be given him with a view to complying with these Regulations or the rules of the mine or with a view to safety.


Manager responsible for non-compliance


223. In the event of any contravention of, or non-compliance with, any of the regulations contained in this Part, or of any regulations made under the provisions of the Explosives Act relating to the handling, storage or use of explosives, by any person whomsoever being proved, the manager shall also be deemed guilty of an offence, unless he proves that he has taken all reasonable means by publishing, and to the best of his power, enforcing them to prevent any such contravention or non-compliance.
(Cap. 189.)


Power to waive or suspend regulations in certain cases


224. If, in the opinion of an inspector, the observance of any of the regulations contained in this Part is not reasonably practicable in any particular mine, he may, by notice in writing to the manager of such mine, waive or suspend the application of any of such regulations to such mine or any part thereof for such period and in such manner and subject to such conditions as he considers appropriate to the circumstances of each particular case.


_________


FIRST SCHEDULE
(Regulation 3)


FORM 1

_________


MINING ACT
(Regulation 16)
__________


APPLICATION FOR A MINING TENEMENT (PROSPECTING LICENCE, PERMIT TO MINE, MINING LEASE, SPECIAL SITE RIGHT, ROAD ACCESS LICENCE)

(delete as necessary)


This form may be used for special prospecting licence and special mining lease.


To the Director of Mines.


Date and hour of receipt at the Mines Department.....................................................................


..........................................................

Signature of Receiving Officer


1. Name/s of applicant/s
Place of residence
Share
Signature/s or seal of company





2. Name of accredited agent, if any.....................................................................................
3. Address in Fiji at which notices may be served...............................................................
4. Number of applicant's or agent's prospector's right..........................................................
*5. Date of erection of beacons...........................................................................................
......................................................................................................................................................
*6. Name/s of person/s erecting beacons and number/s of prospector's right/s.....................
(* Not applicable where Director has waived pegging requirements)
7. Approximate area in acres..............................................................................................
8. Mineral/s to be prospected/mined or number of prospecting licence/permit to mine/mining lease in respect of which a special site right or road access licence is required (delete as necessary).....................................................................................................................
9. Statement of geographical position of the area and its position in relation to some town, village, river junction or trigonometrical station which is shown on a map of the district in which the area is situated.

Tikina...............................................................................................................................

Province ..................................................................................................................

Datum post situated ........................................ chains for................................... degrees from .................................................................................................................................

being a fixed point.
10. Date of latest notices to land owners of intention to enter for purpose of prospecting or pegging ........................................................................................................................................
11. Are you in a position to comply with section 16 of the Act as regards a deposit?................
If so, state whether by cash payment or banker's guarantee ..........................................
..................................................................................................................
12. Signature of witness, if any, to erection of datum post and other beacons. (As a safeguard in case of disputes it is desirable to have a reliable witness to the erection of beacons.)

Name................................................................................................................................

Address.............................................................................................................................

Signature..................................................................................................................
13. Name of person who will be resident on the area if the application is granted (not applicable in case of application for special site right or road access licence).....................
......................................................................................................................................................
14. Purpose for which special site right is required. Give full details. (Applicable in case of application for a special site right only).......................................................................................
15. Length of term desired..................................................................................................
16. Name by which area is o be known..................................................................

*I hereby certify that beacons have been erected and directional trenches have been cut by .................................................... in accordance with the provisions of the Mining Regulations, and that such beacons are placed on the marks as shown by the letters .......................................... on the plan attached, which plan signed by me shows the area for which I am applying. I agree that in the event of the area marked on the ground being proved to differ from the area shown on the said plan, then such adjustment of the area (or amendment of the plan) as shall be required by the Director shall be made at my expense.

(* Not applicable where Director has waived pegging requirements)
Fees paid herewith-

Filing Fee $

Preparation fee $

Survey fee deposit $

Damage deposit $

Prospecting licence fee for................................ years $

First half year's rent for..................................................

P.M. or M.L. or S.S.R. or R.A.L.

I attach, signed by me -

(a) A tracing from the larges practical Government plan showing the position of the area and the boundaries thereof.

(b) Except in the case of prospecting licence, a diagram showing the approximate position of all roads, paths, fences, buildings, crops or other improvements within the boundaries or within 100 feet of the area applied for.

(c) In the case of permit to mine and mining leases a diagram showing the area of surface which it is desired to occupy and the use for the purposes of mining.


Dated at ............... this ....... day of ....................., 19.....


...............................................

Signature of applicant or agent


___________


FORM 2


MINING ACT
(Regulation 19)
____________


NOTICE OF APPLICATION FOR A (a).................................................................................
NOTICE is hereby given that (b)...............................................................................................
.............................................................................................................................................................................................................................................................................................................................................
of (c) ...........................................................................................................................................
has made application for the issue of a (a).................................................................................
under the provisions of the Mining Act, over that piece of land containing..........................
acres more or less in the tikina of ..............................................................................................
province of .................................................................................................................................
Name of area ..............................................................................................................................
Distance and bearing of datum post for fixed point (d) .......................................................
.......................................................................... degree for...............................................
chains. All bearings are (e) ........................................................................................................
Boundaries of the area are as follows:-

Commencing at datum post and

running ....................... degrees for .................... chains to No. 1 corner post thence ......................... degrees for ...................... chains to No. 2 corner post thence......................... degrees for ....................... chains to No. 3 corner post thence ........................ degrees for ....................... chains to No. corner post

thence ..................................................................................................................

..........................................................................................................................................................................................

thence returning by a straight line to the datum post.


Objections against this application must be lodged with the Director of Mines before the lapse of 30 days from the date of publication of the later advertisement in the Gazette and in one newspaper published and circulating in Fiji.


Dated at Suva this ............... day of ............, 19....


...............................................

for Director of Mines


(a) Insert type of mining tenement.
(b) Full name/s of applicant/s with father's name for Indian applicant.
(c) Full postal address.
(d) Name of trigonometrical station, N.L.C. mound, stream junction or other natural feature.
(e) Insert T (true) or M (magnetic).
(f) In a similar manner describe the position of other corner posts, if any.

_____________


FORM 3


MINING ACT
Regulation 20
______________


WITHDRAWAL OF APPLICATION FOR

(a)................................................................................................................................................

The Director of Mines,
Suva.


I/We, the undersigned, give notice that I/We desire to withdraw my/our application for a (a) .............................................. in the tikina of .......................................... in the province of ..... and lodged at the Mines Department, on the ........ day of ...............19....


.............................................
Signature of applicant/s (b)


Received on the ........... day of ................, 19....

.............................................

Receiving Officer


Withdrawal accepted this ........... day of ............., 19 .......


.........................................

Director of Mines


(a) Insert type of mining tenement.
(b) This notice must be signed by every signatory of the original application.


___________


FORM 4


MINING ACT
(Regulation 20)
___________


APPLICATION FOR A PROSPECTOR'S RIGHT


Fee $ 5.00

To the Director of Mines, Suva.


1. Name of applicant.............................................................................................

2. Nationality...................................................................................................................

3. Occupation...................................................................................................................

4. Date of birth.................................................................................................................

5. Address in Fiji at which notices may be served...........................................................

6. Do you intend to prospect on your own account or as an employee of any other person? Name and address of employer, if applicable.....................................................

........................................................................................................


7. (a) Have you previously made an application for a prospector's right?..................

(b) Has any such application been refused? If so give date.

........................................................................................................


8. Have you or your employer (if any), since a prospector's right was last granted to you, been convicted of any offence in connection with mining, prospecting, explosives or the employment of labour or involving dishonesty or fraud? Give date of each conviction, nature of offence and penalty imposed.

......................................................................................................................................................................................................................................................................................................................


9. In which part of Fiji do you intend to prospect? Provinces or Divisions ...............

........................................................................................................


10. For which minerals do you intend to prospect? ........................................................

......................................................................................................


I hereby declare the above particulars to be true and that I have read and understood the Mining Act and all regulations made thereunder.


....................................................

Signature of applicant


In consideration of the grant of the prospector's right applied for above to................................ we the undersigned hereby agree to be answerable and responsible for all acts and omissions performed or made by the said .......................................... under or in respect of the said prospector's right and to pay to Government any sum or sums of money that may at any time become due to Government by the said...................................................... in respect of such act s and omissions.


Dated at ................. this ........ day of ..................., 19....


.................................
Witness
....................................................... Signature of partnership or of authorised persons signing on behalf of partnership, or persons duly authorised to sign on behalf of company.

___________


FORM 5


MINING ACT
(Regulation 24)
__________


PROSPECTOR'S RIGHT


No. .......


The right to prospect for minerals subject to the provisions of the Mining Act, and all regulations made thereunder now in force or which may come into force during the continuance of this right, is hereby granted to -


Name ...................................................................................................................

Address ...............................................................................................................

Description ..........................................................................................................


*as agent for - Name....................................................................................................................

Address.................................................................................................................

Description .................................................................................................
for one year from.......................................................................................


This ........ day of ..............., 19.......


Fee: $10.00


Director of Mines
(or officer authorised to issue)

*(delete if prospecting on own account.)


__________


FORM 6


MINING ACT


(Regulation 28 and 33)
___________


No. ............


The exclusive right, subject to the provisions of the Mining Act, and all regulations made thereunder now in force or which may come into force during the continuance of this prospecting licence or any extension thereof, is hereby granted to-


Name/s of Holder/s
Address
Share




to prospect for the minerals mentioned in the First Schedule within the area of land described
in the Second Schedule for a term from the ............ day of ............, 19......, until the ........... day of ............, 19......., subject also to the special conditions in the Third Schedule.


Dated at Suva this ...... day of ..........., 19.....


...............................................

Director of Mines


FIRST SCHEDULE
(Minerals which may be prospected on the area the subject of his licence.)


SECOND SCHEDULE
(Situation and description of the area the subject of this licence.)


THIRD SCHEDULE
(Special Conditions.)
__________


FORM 7


MINING ACT
(Regulation 31)
__________


REPORT OF OPERATIONS ON PROSPECTING LICENCE


1. (Licence No.:
2. Licensee: Quarter ending , 19....
3. Name of person in charge of prospecting:
4. Number of men employed -

Europeans:

Fijians:

Indians:

Others:

Total:




No.
Size, depth,
length
Remarks, ore
Intersections
Pits............................
Trenches.....................
Adits..........................
Drives........................
Cross-cuts....................
Shafts.........................
Winzes........................
Rises...........................





No. of
holes
Total feet drilled
for period

Remarks
Diamond or other drilling



Number of assays made or obtained:
Expenditure -

Supervision...........................................................

$
:
Wages.................................................................

$
:
Stores and Plant......................................................

$
:
Buildings..............................................................

$
:
Other expenses (to be specified)...................................

$
:




Total...............................

$
:




Remarks concerning above operations:


Date: ............., 19 .....


Signature:

(Licensee, agent or person in charge)


__________


FORM 8


MINING ACT


(Regulation 36)
_________


PERMIT TO MINE

No.

Name of Mine ...................................................................................................................


The exclusive right, subject to the provisions of the Mining Act, and all regulations made thereunder now in force or which may come into force during the continuance of this permit to mine or any extension thereof, is hereby granted to-


Name/s of Holder/s
Address
Share




to mine for the minerals mentioned in the First Schedule within the area of land delineated in .. the attached plan and described in the Second Schedule for a term from the ............ day of ................, 19........, until the ............. day of .........19........, subject also to the special conditions in the Third Schedule, and for that purpose the holder shall occupy and use the surface of the land only on the areas so delineated in the attached plan.


Dated a Suva this .......... day of ............., 19......


.............................................

Director of Mines


FIRST SCHEDULE
(Minerals which may be mined on the area the subject of this permit.)


SECOND SCHEDULE
(Description of the area the subject of this permit.)


THIRD SCHEDULE
(Special Conditions.)
__________


FORM 9


MINING ACT
(Regulations 37 and 49)
(Amended by Legal Notice 112 of 1970.)
__________


MINING LEASE


Stamp

For title use only.
Duty

No. ................................


$
.
Name of Mine..................................
Registration fee paid
THIS INDENTURE made BETWEEN the
vide
Director of Mines hereinafter called the
R.R. No. ..........................
lessor of the one part, AND
Date................................

Initials..............................



Name

Occupation

Address

Share




hereinafter called the lessee of the other party, WITNESSES that in consideration of the payments and agreements hereinafter contained and subject to the provisions of the Mining Act, and all regulations made thereunder now in force or which may come into force during the continuance of this lease or any extension thereof and subject also to the special conditions in the Second Schedule hereto, the lessor leases to the lessee THAT PIECE OR PARCEL OF LAND situate in the tikina of ............................................................
.................................................................................................................
in the province of ..............................................in the island of........................................... and containing ............................................ more or less as shown more particularly in the attached plan, for the purposes of mining for the minerals specified in the Firs Schedule hereto:


To have and to hold the said land for the term from the........................................... day of ......
...................., 19.........., until the.......................... day of ....................., 19..........


The yearly subsurface rent shall be $................: ............. payable by equal half-yearly payments in advance on 30 June and 31 December in every year.



Mining Lease No. :
Registered at

Registrar of Titles.


The lessee hereby covenants that he shall-


(a) pay the subsurface rent at the times mentioned above;


(b) pay the royalties on minerals extracted at the times and in the manner prescribed;


(c) use the land continuously and bona fide for the purposes of mining;


(d) work the land by not less than the prescribed number of men;


(e) not transfer, assign, encumber, sublet, mortgage or part with the possession of the land or any part thereof without the previous consent of the lessor;


(f) occupy and use the surface of the land only on the areas so delineated in the attached plan:


And provided that -


(i) if any part of the subsurface rent shall be unpaid for 90 days (although not formally demanded); or


(ii) if the lessee shall be adjudged bankrupt or, without the written consent of the lessor, assigns over his effects for the benefit of his creditors, or in any wise become insolvent; or


(iii) if the lessee shall not well and truly observe, perform, fulfil and keep the covenants of this lease and the provisions and conditions to be observed, performed, fulfilled and kept by the lessee; or


(iv) if the lessee shall not, unless exemption or partial exemption in writing by the lessor has been granted and obtained, vigorously and continuously prosecute mining operations on the land to the satisfaction of the lessor -


Then and in any of the said cases and at all times thereafter, it shall be lawful for the lessor to declare this lease void, and the land shall thereupon resume the same character and incident as were attached to it before the issue of the lease.


Provided also that if any part or parts of the surface of the land shall be required for the purpose of laying out any own or village, or of making any road, railway, aerodrome, path, canal, water-course, bridge, towing-path or reservoir, or for any other purpose which the Minister may declare to be a public purpose, it shall be lawful for the Minister under the hand of the lessor to give one month's notice of his intention so to do to the lessee to cancel this lease so far as it relates to any right to the surface and thereupon the said part shall resume the same character and incidents as were attached to it before the issue of this lease. So nevertheless that no land whereupon any building may have been erected for the purpose of residence or for mining operations or which may be used as a yard or otherwise for the more convenient occupation of such building or for the conduct of such mining operations shall be resumed unless compensation be paid therefor:


And the lessee hereby further covenants with the lessor that in the event of the lessee working the land hereby demised by any method whereby the surface of the land is destroyed or depreciated in value for agricultural purposes that then and in that event the lessee shall pay to the lessor a sum equal to the market value of the surface for agricultural purposes or a part of the value proportionate to the depreciation in value or agricultural purposes should the surface be depreciated but not destroyed, such sum shall be paid to the owner of the land.


In witness whereof the parties have hereunto set their hands and seals this ......... day of ...., 19....


(L. S.) Director of Mines


Witness


I hereby accept the terms of the above lease.
The Signature (by mark) of (if lessee is illiterate he must sign by affixing his left thumb mark if possible) was made in my presence and I verily believe that such signature is of the proper handwriting/left thumb print of the person described in the above lease as ............................... the lessee and I certify that I read over or caused to be read over and explained the contents hereof to the lessee in the ...............language and he appeared fully to understand the meaning and effect thereof.
Lessee
}
}
}
}
}
}
}
Witness

FIRST SCHEDULE
(Minerals which may be mined by the lessee on the area leased.)


SECOND SCHEDULE
(Special Conditions.)
____________


FORM 10


MINING ACT


(Regulation 42)


NOTICE TO OWNER, OCCUPIER OR LESSEE OF LAND SUBJECT TO A PERMIT TO MINE OR MINING LEASE


To .............................................................................................. of...........................................
(Full) name and address of owner, occupier or lessee of land subject to tenement )
Notice is hereby given that I/We .................................................................................................
......................................................................................................................................................
.................................................................................................................

(Name and address of mine owner)


the undersigned, being the holder of
}
Permit to Mine No. .....................................

}
Mining Lease No. .......................................

which covers .....................................................................acres of your land, intend to mine for .................................................................................................................................

(Name of mineral)
On ..........................................acres of such land, by.............................................................
.................................................................................................................

(Nature of mining operation, i.e. opencast, sluicing, dredging, etc.)

Signed ....................................................................................
Dated ......................................................................................


AFFIDAVIT OF SERVICE


I, ...................................................................................................................................................
make oath and say as follows:-


I did on the................. day of........................., 19............., at .....................................................
personally serve............................................................................................................................
the above-named person with a copy of this notice.
Sworn at ..............................................}
..............................................}
this...................day of ........................,}
19............ }


Before me:
................................................


________


FORM 11


MINING ACT


(Regulation 43)


APPLICATION FOR EXEMPTION


The Director of Mines,

Suva.


I/We he undersigned holders of (here state the nature and number of mining tenement) known as .......................................................................................do hereby apply for exemption from (work, occupation or use) of the above mentioned mining tenement for a period of ............. calendar months, on the following grounds, viz: -


The following particulars relating to the said mining tenement are, to the best of my/our knowledge, information and belief, true and correct in every respect:-


PARTICULARS


1. For how long has the mine been worked continuously?


2. Has the mine been worked for the above period from the holder's resources?


3. Work done by holder since acquiring the mine or previous exemption, if any -


(a) Sinking:

(b) Driving:

(c) Cross-cutting:

(d) Drilling:

(e) Opencast Mining:


4. Amount of money expended by present owners since acquiring the mine or previous exemption, if any:


5. Details of expenditure -



Wages

Contractors

On
machinery
On other
mining
requisites

Other
expenditure






6. Nature, quantity and value of gold or mineral won since acquiring the mine or previous exemption, if any:


7. I produce an accurate plan showing the workings of the mine in which the main workings are also clearly set out. I claim that the same are main workings, for the following reasons:-


Dated this ....... day of ............., 19......


...............................................

Signatures


________


FORM 12


MINING ACT
(Regulation 43)
________


CERTIFICATE OF EXEMPTION


This is to certify that the holders of (name of mining tenement) No........... have this .................... day of...................., 19........, been granted exemption from ................. until the ..........day of...................., 19........, inclusive on the following terms and conditions:-


Dated at Suva this ............ day of .............., 19........

................................

Director of Mines.


_________


FORM 13


MINING ACT


(Regulation 47)
________


MONTHLY REPORT OF MINING OPERATIONS


To: Director of Mines, Suva. Month of.........................., 19...........
P. M.
M.L. No. ..................................................... Name of Mine......................................
Name of Mine Manager.............................................................................................
Name of Holder/s .....................................................................................................
Name and address of Agent or Company...................................................................
Manager............................................................ Secretary......................................
................................................................................................................................
*Average number of men employed:


(* Average number of men employed =

Total number of man - shifts worked
Total number of workings days

Mineral produced: ................................ weight......................... value......................

................................ weight......................... value......................
................................ weight......................... value......................

(base metals in tons, precious metals in ounces)

Total value of mineral:
Mineral removed from tenement:


.......................... weight...................... value...................
.......................... weight...................... value...................
.......................... weight...................... value...................
.......................... weight...................... value...................


Destination of mineral removed from tenement:
...................................................................................................................
Accidents: No. ....................... Injury ....................... Cause ........................

....................... Injury ...................... Cause ........................
....................... Injury ...................... Cause ........................


No. of feet driven: No. of feet sunk


Quantity of overburden removed:
Quantity of ore mined:
State any other work that may have been done:


I hereby certify that this is a correct statement of the particulars herein set forth.


Dated at ........... this ........ day of ..........., 19....


.............................................................

Signature of holder, agent,

Company Manager or Secretary


__________


FORM 14


MINING ACT


(Regulation 48)
___________


YEARLY REPORT OF MINING OPERATIONS


To: The Director of Mines, Year 19
Suva.


P.M.
M.L. No. .................................................... Name of Mine ......................................................
Area of P.M. or M.L. ................................. Date of expiry ......................................................
Name of Mine Manager.............................. Mine Managers' Cert. No. ...............................
Name of Holder ...........................................................................................................................
.................................................................................................................
Name and address, of agent or Company Manager or Secretary
.................................................................................................................
*Average number of men employed Europeans .............................................

during the year: - Fijians ..................................................

Indians .................................................
Others ..................................................


* Average number of men employed =

Total number of man - shifts worked
Total number of workings days

Quantity of material mined during the year ................................................................................
Quantity of material treated during the year ........................................................................
Mode of treatment ..............................................................................................................
Mineral produced during the year:

................weight ................... value .................
................weight .................. value .................
................weight .................. value .................
................weight .................. value .................

(Base metals in tons, precious metals in ounces)
Total value of mineral: $


(In case of a registered company): Amount paid in dividends -

For the year: $

Since commencing work: $
Remarks cost of operations, ore reserves; etc ...........................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................


I hereby certify that this is a t rue return for the year ending 31 December, 19..........


Dated at ....... this ........ day of January, 19 .......


......................................................

Owner or Manager


Witness .....................


__________


FORM 15


MINING ACT


(Regulation 53)
_________


SPECIAL SITE RIGHT


No. .....


Attached to P.L.}

P.M.} No.

M.L.}


The Director of Mines, being of the opinion that the land the subject of this right situated in the tikina of .................................................................................................................... in the province of ..................... as more particular shown in the plan attached hereto, is not required for mining purposes and that the grant of this right will not interfere prejudicially with mining operations, hereby grants to (full name and address of holder) this special site right in respect of the said land, authorising the holder to use the said land as (here state whether water right, passageway, machine site, furnace site, site for the deposit or treatment of gold or tailings, for tramway, aerial ropeway or conveyor belt, or otherwise, as the case may be).


This right is granted for a term from the ........ day of .........19..., until the ........ day of ..., 19..., subject to the payment of an annual fee of $4 payable half-yearly in advance and subject to the terms, conditions, reservations and provisions set out in the Mining Act, and all regulations made thereunder now in force or which may come into force during the continuance of this right or any extension thereof, and also to such additional terms, conditions, reservations and provisions as are specified in the Schedule.


Dated at Suva this ........ day of .........., 19.....


Director of Mines


I/We hereby accept this special site right on the terms and conditions herein mentioned.


Date: ............................................... Holder .......................................

Witness to the signature of the holder .........................................................

Registered on the .... day of ........, 19...., at ........o'clock in the ....... noon.


Registrar of Titles


_________


FORM 16


MINING ACT


(Regulation 66)
_________


ROAD ACCESS LICENCE

No. ......

Attached to P.L.}

P.M.} No.

M. L.}
The right, subject to the provisions of the Mining Act, and all regulations made thereunder now in force or which may come into force during the continuance of this road access licence or any extension thereof, is hereby granted to:



Name/s of Holder/s

Address

Share



to construct, use and maintain a road for the purpose of obtaining access to the mining tenement above cited within the area of land in the tikina of.............................. in the province of ...................................................... more particularly described in the plan attached hereto, for a term from the................ day of...................., 19........, until the ................................. day of........................, 19........, subject also to the special conditions in the Schedule.


Director of Mines


SCHEDULE


I/We hereby accept this Road Access Licence on the terms and conditions herein mentioned.


Date ............................................... ..........................................
Witness ......................................... Licensee


Registered on.................. day of......................, 19 ........., at ........................ o'clock in the .......................... noon.


Registrar of Titles


__________


FORM 17


MINING ACT


(Regulation 80)
___________


MINERAL EXPORT PERMIT


No.


Permit is hereby granted to .........................................on behalf of ..................... to export ................... packages containing ........................of ................................... production from .................., port of aerodrome of export ......................................, destination .................., the value of this shipment is approximately $.......


Royalty has been paid.

Royalty has been secured to my satisfaction.

No royalty is payable.

Dated at Suva this ...... day of ......, 19....


Director of Mines


Copy to Collector of Customs


__________


FORM 18


MINING ACT


(Regulation 81)
__________


REPORT ON DRILLING OPERATIONS


The Director of Mines,

Suva.


The following is the Record of Work done on (state licence, permit or lease number) Drill No. ............................................ while in my charge for the week ending ......................................

Superintendent.


For whom conducted:

Locality:

Object of bore:
No. of bore: Method used:
Inclination of bore:



Feet Bored

Bored Record


From

To

For
day

Thick-
ness
of bed

Material
Depth
from
surface
to
bottom

Core
obtained

ft. in.
ft. in.
ft. in.
ft. in.
.
ft. in.
ft. in.
Monday ................






Tuesday ................
Wednesday ............
Thursday ...............
Friday ..................
Saturday ...............




Total for week
Casing Used (in feet)
Diameter
In Bore


Diameter of Bore (in inches)
From
To
Inches



Water met with in Bore
Gallons per Minute
At


Issue of Gas at




Remarks by Superintendent Commented by


Note. - The Drill Superintendent shall forward a copy of this log direct to the Director of Mines, Suva.

_________


FORM 19


MINING ACT


(Regulation 86)
__________


POWER OF ATTORNEY


(Duty Stamp)

No.


Know all men by these presents that I ............... of ............................................. do hereby make, constitute and appoint ................ of ....................................... my true and lawful attorney to apply for and acquire on my behalf any mining tenements under the Mining Act, and to sell to any person all or any mining tenements or mortgages, whether extended or not, or charges, whether now belonging to me or which shall hereafter belong to me under or by virtue of the said Act, or which I am now or shall hereafter be the holder, proprietor or owner thereunder. Also to mortgage or sublet all or any such mining tenements for any sum, at any rate of interest or rental. Also to surrender any mining tenement in which I am or may be interested. Also to exercise and execute all powers which are now or shall hereafter be vested in or conferred on me as a sublessee or mortgagee of mining tenements under the said Act: And for me and in my name all such applications, notices, transfers, mortgages, subleases and other instruments and do all such acts, matters and things as may be necessary or lien for carrying out the powers hereby given, and for recovering all sums of money that are now or may become due or owing to me in respect of the premises, and for enforcing or varying any contract, covenant or conditions binding upon any holder tenant or occupier of the said lands upon any other person in respect of the same , and for protecting the same from waste , damage or trespass.


The words "mining tenement" herein include any share or interest in a mining tenement:


And I agree that all and whatsoever the said .......... shall lawfully do under this power I will at all times ratify and confirm.


I hereby appoint the said .............. my attorney or agent upon whom any process or notice may be served.


Given under my hand and seal, this ........ day of ....., 19....


Signed, sealed and delivered by the said ........ in the presence of:


Signature: (Seal).

Signature of Attorney ................................
Witness:


Received the above Power of Attorney at ........ o'clock ...... m. on the ........ day of ........., 19...., with fee of ..........................cents.


Registrar of Titles


___________


FORM 20


MINING ACT


(Regulation 87)
__________


APPLICATION FOR APPROVAL OF A DEALING IN A MINING TENEMENT


The Director of Mines, Suva.


I, (a) ..................of (b) ..........being the holder of (c) ..........registered as No. (d) ....... situated in the tikina of ............... province of ............. island of ............. which is in force for the term from ........... until


Do hereby apply for approval to (e)
to (f) ............... of (g)


All/A (h)............................ UNDIVIDED SHARE of my right title and interest in the said mining tenement as from the .................. day of ..........., 19..., (i) (until the ......... day of ........, 19....)
(for the remainder of the term thereof)


IN CONSIDERATION of he sum of (j)


And I, the said (f) ............ do hereby agree to accept the said (e) ......... of the said mining tenement or share thereof, subject to all the terms and conditions under which it is held.


AND WE, the undersigned, hereby state and declare that (i)/ there is no other written agreement relating to this dealing/ the only other written agreement relating to this dealing is that dated .................... and attached hereto.


Dated this ........ day of ............, 19....


(Signature of holder, etc.) .......................................................................................

Witness to signature ...............................................................................................

Address.............................................................................................................................

Occupation.......................................................................................................................

(Signature of transferee, etc.) ..........................................................................................

Witness to signature ...............................................................................................

Address .............................................................................................

Occupation ...........................................................................................................


To Registered holder of


The above application is approved.


The instrument of (e) ......... shall be properly stamped and returned to me within 30 days from the date of this notice of approval, by the person in whose favour it is drawn, for registration, together with the prescribed registration fee.


Dated at Suva this ....... day of ........., 19....


Director of Mines


(a) Full name and (b) address of holder.

(c) Type and (d) Registered Number of mining tenement.

(e) State the nature of dealing, e.g., transfer, sublease, mortgage, etc.

(f) Full name and (g) address of transferee, sublessee, mortgagee, etc.

(h) If he whole title is not being affected indicate the share concerned i.e. half, quarter, etc.

(i) Delete whichever is not applicable.

(j) Give the full value of the consideration passing.


__________


FORM 21


MINING ACT
(Regulation 87)
__________



STAMP
DUTY
TRANSFER OF MINING
TENEMENT

THE INSTRUMENT OF TITLE MUST BE PRESENTED HEREWITH. RULE UP ALL BLANKS BEFORE SIGNING. NO ALTERATION SHOULD BE MADE BY ERASURE. THE WORDS REJECTED SHOULD BE SCORED THROUGH WITH A PEN AND THOSE SUBSTITUTED WRITTEN OVER THEM, THE ALTERATION BEING VERIFIED BY SIGNATURE OR INITIALS IN THE MARGIN OR NOTICE IN THE ATTESTATION. ALL NAMES MUST BE TYPED OR PRINTED.
No.:

REGISTRATION FEES
$ c.
Lodgement
Memorial
________
Total
________
Revenue Receipt
No.:
Initials

(name, address, occupation or other description in full) transferor, being proprietor subject to such leases, mortgages and other encumbrances as are notified by memorandum endorsed hereon (all prior subsisting encumbrances must be thus noted) of the following land:-



Title

No.
Name
of
Land

Province

Tikina

Area
A.R.P.

Undivided
Share
(here state whether Lease, Licence, or Mortgage, as the case may be.)







(If the whole of the interest is transferred, write the word "whole".)

in consideration of the sum of (in figures and writing) ($........) this day paid to the transferor by (name, address, occupation or other description in full and if of Indian descent the father's name) hereinafter called the transferee the receipt of which sum the transferor doth hereby acknowledge DOTH HEREBY TRANSF'IER to the transferee all the rights, powers, title and interest of the transferor therein.


IN WITNESS whereof the transferor ....... has hereunto subscribe his name this ......... day of ....., 19.....

Signature or Left thumb Mark of transferor

Accepted

Signature or Left Thumb Mark of Transferee


The signature by mark of (if transferor is illiterate he must sign by affixing his left thumb mark if possible) was made in my presence and I verily believe that such signature is of the proper handwriting/left thumb mark of the person.................................................. described as.................................... the transferor......................................, and I certify that I read over and explained the contents hereof to the transferor in the...................................., language and he appeared fully to understand the meaning and effect thereof.


Signature of witness


The signature by mark of (if transferee is illiterate he must sign by affixing his left thumb mark if possible) was made in my presence and I verily believe that such signature is of the proper handwriting/left thumb mark of the person described as.................................... the transferee .........................., and I certify that I read over and explained the contents hereof to the transferee in the............................................language and he appeared fully to understand the meaning and effect thereof.


Signature of witness


(FOR OFFICE USE)
TRANSFER NO.
Registered .........at........m.

Registrar of Titles

Lodged by:
Date:
Documents:

MEMORANDUM OF PRIOR LEASES, MORTGAGES AND
ENCUMBRANCES REFERRED TO


DECLARATION BY ATTESTING WITNESS


................................................................... of............................................................................
the attesting witness to this instrument, appeared before me at ........ the day of ....... one thousand nine hundred and ....., and declared that the personally knew the person/s signing the same, and whose signature/s the said ....... attested, and that the name/s purporting to be the signature of the said ....... is his/are their own handwriting, and that he is the person/ they are the persons therein described as


DECLARATION BY ATTESTING WITNESS


....................................................................... of........................................................................... the attesting witness to this instrument, appeared before me at ....... The ........................ day of ........ one thousand nine hundred and .......... and declared that he personally knew the person/s signing the same by affixing his/ their left thumb mark/s thereto and whose signature/s by such mark/marks the said ......... attested, and that the marks purporting to be the signature of the said ......... is his/are their own left thumb mark/s, and that he is the person/ they are the persons therein described as ......... and that before affixing the said thumb mark/s the purport of the said instrument was interpreted to him/them in the ............ language and he/they appeared to understand the same.


__________


FORM 22


MINING ACT
(Regulation 88)
___________


SURRENDER OF MINING TENEMENT


(a) ..............................No..........................

WHEREAS under the provisions of the Mining Act, the above-mentioned mining tenement was granted to ...............................................................................................


AND WHEREAS ................................. the present lawful holder desires to surrender the said tenement.


Now these presents witness that the said holder hereby surrenders all his right, title and interest in and under the said tenement as from the ...........................day...............of ........................., 19............


Dated at ........................... this ................... day of ............................, 19.........
Witness to signature........................... ..................................................
Address.......................................... (b) Holder

(a) Type and registered number of tenement.

(b) To be signed by every holder or his attorney.

Received on the ...................day of ........., 19.........


............................................

Receiving Officer


Surrender accepted this ..........day of ................, 19.........


........................................

Director of Mines


_________


FORM 23


MINING ACT
(Regulation 89)
_________


CERTIFICATE RELATING TO MINE WORKINGS


Director of Mines, Suva.


I, ................................... being the holder of........................ No................. applicant for a .............................. which has been cancelled/terminated/abandoned/surrendered/withdrawn, hereby certify that -


(i) all beacons marking out the land have been removed;

(ii) all directional trenches have been filled up;

(iii) all pits, trenches, shafts and opencast workings have been filled up/made safe;

(iv) (a) all damage to the surface of the land has been repaired; or

(b) $................... in compensation has been paid to....................... for damage done o his land.

(v) ............................., the owner of the land at this date is also the holder of this tenement.


Dated at .............. this ...... day of ............ 19.....


................................................

Holder


Delete (iii), (iv) (a), (iv) (b) or (v) whichever is no applicable.


____________


FORM 24


MINING ACT


(Regulation 105)
_________


APPLICATION FOR A MINE MANAGER'S CERTIFICATE


To: the Inspector of Mines at ..............

I, ........................................................................................................................hereby apply (Full name, address and occupation)


for a Mine Manager's Certificate for ........ opencast or ...................underground .......(*) mines


I enclose the prescribed fee of $10 and hereby declare as follows -


(1) My date of birth is ....................................................................................................


(2) My practical experience consists of actual employment in mining for.................... years as specified in the Schedule hereto, and in proof thereof I enclose evidence in writing from my previous employers as specified in that Schedule.


(3) I enclose certificates of sobriety and good conduct from.......................................................


(4) I have undergone a course in first aid and enclose herewith my certificate of proficiency therein.


Dated at ......... this .......... day of ......., 19......


(*) Delete as required

SCHEDULE

Particulars of employment and nature of evidence in proof thereof.

Names and localities of mine

Name of employer

Period of employment

Nature of employment
Signature of employer or nature of evidence in writing

From

To







...........................................

Signature of Applicant


________


FORM 25


MINING ACT


(Regulation 105)
_________


MINE MANAGER'S CERTIFICATE FOR OPENCAST/UNDERGROUND MINES


This is to certify that ........................................ of .............................., has duly satisfied me that he is entitled to a Mine Manager's Certificate for opencast/underground mines and this certificate is hereby granted accordingly.


Subject to any extensions endorsed hereunder this certificate shall, unless previously cancelled, expire on the ..... day of .........., 19......


Issued at ....... this .......... day of ..........,19.....


.................................... .........................................
(Signature of Grantee) Inspector of Mines


EXTENSIONS


Date of extension
Period of extension
Signature of Inspector of Mines




__________


FORM 26


MINING ACT


(Regulation 155)
_________


APPLICATION FOR HOIST DRIVER'S CERTIFICATE


To: The Inspector of Mines at


I, ................................ hereby apply for a Hoist Driver's Certificate.


(Full name and address of applicant)


I enclose the prescribed fee of $5 and hereby declare as follows: -


(1) My date of birth is

(2) I have had.............................................................. experience in the

(State period)

operation of reversing hoists in the employment of the employer/ employers specified in the Schedule hereto and in proof thereof I enclose evidence in writing to such experience.

(3) I enclose certificates of sobriety and good conduct from

(4) I enclose a medical certificate as to my physical fitness for employment as a hoist driver.


Dated at ............. this ......... day of .......... 19....


SCHEDULE


Particulars of employment and nature of evidence in proof thereof.



Name
of
employer

Type
of
hoist
Period of driving experience

Name of supervising driver
Signature of employer or
nature of evidence
in writing
From
To



















.............................................

Signature of Applicant


____________


FORM 27


MINING ACT
(Regulation 155)
____________


HOIST DRIVER'S CERTIFICATE


This is to certify that ................... of .........................., having produced evidence as to his health and having satisfied me as to his knowledge and ability to drive and handle a hoist of the type set out in the Schedule hereto, is hereby granted this certificate to drive such hoist and hoists of a similar type and of equal or smaller capacity.


Subject to any extensions endorsed hereunder this certificate shall, unless previously cancelled, expire on the ..... day of ..........., 19.......


Issued at ........... this ........ day of ..........., 19...
........................................... ........................................
(Signature of Grantee Inspector of Mines


SCHEDULE

Type of Winch .....................................................................................................

Maker's Name .................................................................................................................

Drum diameter .....................................................................................................

Capacity, lbs ........................................................................................................

Horsepower ....................................................................................................................

Winding Speed................................................................................................................

Distance ..........................................................................................................................


EXTENSIONS


Date of
extension
Period of
extension
Signature of Inspector
of Mines



_______


SECOND SCHEDULE
(Regulation 4)
(Substituted by Legal Notice 60 of 1979.)
______


SCALE OF FEES


$ c
1. Proprietor's right....................................................................... 10.00
2. Filing application for mining tenement............................................. 20.00
3. Preparation f prospecting licence.................................................... 50.00
4. Preparation of permit to crime....................................................... 100.00
5. Preparation of mining lease.......................................................... 200.00
6. Preparation of special site right...................................................... 50.00
7. Preparation of road access licence................................................... 50.00
8. Extension of mining tenement....................................................... 25.00
9. Surrender of mining tenement....................................................... 10.00
10. Filing application for approval of the transfer or other dealing in a mining tenement................................................................................... 50.00
11. Deposit of duplicate of power of attorney........................................ 10.00
12. Registration pf tribute agreement.................................................. 10.00
13. Duplicate or certified copy of mining tenement................................. 20.00
14. Duplicate or certified copy of any document other than a mining tenement 10.00
15. Copies of letters (each page)....................................................... 1.00
16. Examination of Registers -

For each entry examined........................................................ 2.00

For General search............................................................... 4.00
17. Exemption of -

(a) Prospecting licence area - form labour - for a period exceeding 2 months............................................................................ 50.00

(b) Special-site area - from use - for a period exceeding 3 months...... 10.00

(c) Road access licence - from use - for a period exceeding 3 months. 10.00

(d) Mining lease and permit to mine - from labour - for a period not

exceeding 6 months............................................................. 50.00

for a period exceeding 6 months.............................................. 100.00
18. Filing agreement for compensation or certified copy thereof.................. 5.00
19. Mine Manager's Certificate........................................................ 10.00
20. Extension of Mine Manager's Certificate........................................ 3.00
21. Hoist Driver's Certificate........................................................... 5.00
22. Extension of Hoist Driver's Certificate........................................... 1.00
23. Withdrawal of application for a mining tenement............................... 5.00


NOTE: Notwithstanding the fee of $200 prescribed for the preparation of a mining lease by item 5 above, the Minister may in any particular case authorise the making of a special fee for extra work and in the cases of items 3, 4, 5, 6 and 7 special or extra charges or fees may be raised for preparing any plan or plans.


-----------------------------------------------------------


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